From: Subject: Bouvier's Law Dictionary, 1856 Edition - Letter S Date: Tue, 1 May 2007 22:11:53 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0064_01C78C3D.B97F2640" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 This is a multi-part message in MIME format. ------=_NextPart_000_0064_01C78C3D.B97F2640 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Bouvier's Law Dictionary, 1856 Edition - Letter = S

Bouvier's Law Dictionary
1856 Edition

S

SABBATH. The same as Sunday. (q. v.)

SABINIANS. A sect of lawyers, whose first chief was Atteius = Capito,=20 and the second, Caelius Sabiaus, from whom they derived their name. Clef = des=20 Lois Rom. h. t.

SACRAMENTUM. An oath; as, qui dicunt supra sacramentum = suum.

SACQUIER, maritime law. The same of an ancient officer, whose = business=20 "was to load and unload vessels laden with salt, corn, or fish, to = prevent the=20 ship's crew defrauding the merchant by false tale, or cheating him of = his=20 merchandise otherwise." Laws of Oleron, art. 11, published in an English = translation in an Appendix to 1 Pet. Adm. R. XXV. See Arrameur; = Stevedore.

SACRILEGE. The act of stealing from the temples or churches = dedicated=20 to the worship of God, articles consecrated to divine uses. Pen. Code of = China,=20 B. 1, s. 2, =A76; Ayl. Par. 476.

SAEVETIA. Cruelty. (q. v.) It is required in order to = constitute=20 saevetia that there should exist such a degree of cruelty as to endanger = the=20 party's suffering bodily hurt. 1 Hagg. Cons. R. 85; 2 Mass. 150; 3 Mass. = 821; 4=20 Mass. 587.

SAFE-CONDUCT, comm. law, war. A passport or permission from a = neutral=20 state to persons who are thus authorized to go and return in safety, = and,=20 sometimes, to carry away certain things, in safety. According to common = usage,=20 the term passport is employed on ordinary occasions, for the permission = given to=20 persons when there is no reason why they should not go where they = please: and=20 safe-conduct is the name given to the instrument which authorizes = certain=20 persons, as enemies, to go into places where they could not go without = danger,=20 unless thus authorized by the government.

2. A safe-conduct is also the name of an instrument given to the = captain or=20 master of a ship to proceed on a particular voyage: it usually contains = his name=20 and residence, the name, description and destination of the ship, with = such=20 other matters as the practice of the place requires. This document is=20 indispensably necessary for the safety of every neutral ship.

3. The act of congress of April 30th, 1790, s. 27, punishes the = violation of=20 any safe-conduct or passport granted under the authority of the United = States,=20 on conviction, with imprisonment, not exceeding three years, and a fine = at the=20 discretion of the court. Vide Conduct; Passport; and 18 Vin. Ab. 272. =

SAFE PLEDGE, salvus-plegius. A surety given that a man shall = appear=20 upon a certain day. Bract. lib. 4, c. 1.

SAID. Before mentioned.

2. In contracts and pleadings it is usual and proper when it is = desired to=20 speak of a person or thing before mentioned, to designate them by the = term said=20 or aforesaid, or by some similar term, otherwise the latter description = will be=20 ill for want of certainty. 2 Lev. 207: Com. Dig. Pleader, C IS; Gould on = Pl: c.=20 3, =A763.

SAILING INSTRUCTIONS, mar. law. Written or printed directions, = delivered by the commanding officer of a convoy to the several masters = of the=20 ships under his care, by which they are enabled to understand and answer = his=20 signals, to know the place of rendezvous appointed for the fleet, in = case of=20 dispersion by storm, by an enemy, or by any other accident.

2. Without sailing instructions no vessel can have the full = protection and=20 benefit of convoy. Marsh. Ins. 368.

SAILORS. Seamen, mariners. Vide Mariners; Seamen; Shipping = Articles.=20

SAISIE-EXECUTION, French law. This term is used in Louisiana. = It is a=20 writ of execution by which the creditor places under the custody of the = law, the=20 movables, which are liable to seizure, of his debtor, in order that out = of them=20 he may obtain payment of the debt due by him Code of Practice, art. 641 = , Dall.=20 Diet. h. t.. It is a writ very similar to the fieri facias.

SAISIE-FORAINE. A term used in Louisiana and in the French = law; this=20 is a permission given by the proper judicial officer, to authorize a = creditor to=20 seize the property of his debtor in the district which he inhabits. = Dall. Dict.=20 h. t. It has the effect of an attachment of property, which is applied = to the=20 payment of the debt due.

SAISIE-GAGERIE, French law. A conservatory act of execution, = by which=20 the owner, or principal lessor of a house or farm, causes the furniture = of the=20 house or farm leased, and on which he has a lien, to be seized, in order = to=20 obtain the rent due to him. It is similar to the distress of the common = law.=20 Dall. Dict. h. t.

SAISIE-IMMOBILIERE. A writ by which the creditor puts in the = custody=20 of the law the immovables of his debtor, that out of the proceeds of = their sale,=20 he may be paid his demand. The term is French, and is used in Louisiana. =

SALARY. A reward or recompense for services performed.

2. It is usually applied to the reward paid to a public officer for = the=20 performance of his official duties.

3. The salary of the president of the United States is twenty-five = thousand=20 dollars per annum; Act of l8th Feb. 1793; and the constitution, art. 2, = s. 1,=20 provides that the compensation of the president shall not be increased = or=20 diminished, during the time for which he shall have been elected.

4. Salary is also applied to the reward paid for the performance of = other=20 services; but if it be not fixed for each year, it is called honorarium. = Poth.=20 Pand. h. t. According to M. Duvergier, the distinction between = honorarium and=20 salary is this. By the former is understood the reward given to the most = ele-vated professions for services performed; and by the latter the = price of=20 hir-ing of domestic servants and workmen. 19 Toull. n. 268, p. 292, = note.

5. There is this difference between salary and price; the former is = the=20 re-ward paid for services, or for the hire of things; the latter is the=20 consideration paid for a thing sold. Lec. Elem. =A7907, 908.

SALE, contracts. An agreement by which one of the contracting = parties,=20 called the seller, gives a thing and passes the title to it, in exchange = for a=20 certain price in current money, to the other party, who is called the = buyer or=20 purchaser, who, on his part, agrees to pay such price. Pard. Dr. Com. n. = 6;=20 Noy's Max. ch. 42; Shep. Touch. 244; 2 Kent, Com. 363; Poth. Vente, n. = 1; 1=20 Duverg. Dr. Civ. Fr. n. 7.

2. This contract differs from a barter or exchange in this, that in = the=20 latter the price or consideration, instead of being paid in money, is = paid in=20 goods or merchandise, susceptible of a valuation. It differs from accord = and=20 satisfaction, because in that contract, the thing is given for the = purpose of=20 quieting a claim, and not for a price. An onerous gift, when the burden = it=20 imposes is the payment of a sum of money, is, when accepted, in the = nature of a=20 sale. When partition is made between two or more joint owners of a = chattel, it=20 would seem, the contract is in the nature of a barter. See 11 Pick. 311. =

3. To constitute a valid sale there must be, 1. Proper parties. 2. A = thing=20 which is the object of the contract. 3. A price agreed upon; and, 4. The = consent=20 of the contracting parties, and the performance of certain acts required = to=20 complete the contract. These will be separately considered.

4. - 1. As a general rule all persons sui juris may be either buyers = or=20 sellers. But to this rule there are several exceptions. 1. There is a = class of=20 persons who are incapable of purchasing except sub modo, as infants, and = married=20 women; and, 2. Another class, who, in consequence of their peculiar = relation=20 with regard to the owner of the thing sold, are totally incapable of = becoming=20 purchasers, while that relation exists; these are trustees, guardians, = assignees=20 of insolvents, and generally all persons who, by their connexion with = the owner,=20 or by being employed concerning his affairs, have acquired, a knowledge = of his=20 property, as attorneys, conveyancers, and the like. See Purchaser.

5. - 2. There must be a thing which is the object of the sale, for if = the=20 thing sold at the time of the sale had ceased to exist it is clear there = can be=20 no sale; if, for example, Paul sell his horse to Peter, and, at the time = of the=20 sale the horse be dead, though the fact was unknown to both parties: or, = if you=20 and I being in Philadelphia, I sell you my house in Cincinnati, and, at = the time=20 of the sale it be burned down, it is manifest there was no sale, as = there was=20 not a thing to be sold. It is evident, too, that no sale can be made of = things=20 not in commerce, as the air, the water of the sea, and the like. When = there has=20 been a mistake made as to the article sold, there is no sale; as, for = example,=20 where a broker, who is the agent of both parties, sells an article and = delivers=20 to the seller a sold note describing the article sold as "St. Petershurg = clean=20 hemp," and bought note to, the buyer, as "Riga Rhine hemp," there is no = sale. 5=20 Taunt. 786, 788; 5 B. & C. 437; 7 East, 569 2 Camp. 337; 4 Ad. & = Ell. N.=20 S. 747 9 M. &, W. 805. Holt. N. P. Cas. 173; 1 M. & P. 778.

6. There must be an agreement as to the specific goods which form the = basis=20 of the contract of sale; in other words, to make a perfect sale, the = parties=20 must have agreed the one to part with the title to a specific article, = and the=20 other to acquire such title; an agreement to sell one hundred bushels of = wheat,=20 to be measured out of a heap, does not change the property, until the = wheat has=20 been measured. 3 John. 179; Blackb. on Sales, 122 , 5 Taunt. 176; 7 Ham. = (part=20 2d) 127; 3 N. Ramp. R.282; 6 Pick. 280; 15 John. 349; 6 Cowen, 250 7 = Cowen, 85;=20 6 Watts, 29.

7. - 3. To constitute a sale there must be a price agreed upon; but = upon the=20 maxim id certum est quod reddi certum potest, a sale may be valid = although it is=20 agreed that the rice for the thing sold shall be determined by a third = person. 4=20 Pick. 179. The price must have the three following qualities, to wit: 1. = It must=20 be an actual or serious price. 2. It must be certain or capable of being = rendered certain. 3. It must consist of a sum of money.

8. - 1. The price must be an actual or serious price, with an = intention on=20 the part of the seller, to require its payment; if, therefore, one = should sell a=20 thing to another, and, by the same agreement, he should release the = buyer from=20 the payment, this would not be a sale but a gift, because in that case = the buyer=20 never agreed to pay any price, the same agreement by which the title to = the=20 thing is passed to him discharging him from all obligations to pay for = it. As to=20 the quantum of the price that is altogether immaterial, unless there has = been=20 fraud in the transaction. 2. The price must be certain or determined, = but it is=20 sufficiently certain, if, as before observed, it be left to the = deterimination=20 of a third person. 4 Pick. 179; Poth. Vente, n. 24. And an agreement to = pay for=20 goods what they are worth, is sufficiently certain. Coxe, 261; Poth. = Vente, n.=20 26. 3. The price must consist in a sum of money which the buyer agrees = to pay to=20 the seller, for if paid for in any other way, the contract would be an = exchange=20 or barter, and not a sale, as before observed.

9. - 4. The consent of the contracting parties, which is of the = essence of a=20 sale, consists in the agreement of the will of the seller to sell a = certain=20 thing to the buyer, for a certain price, and in the will of the buyer, = to=20 purchase the same thing for the same, price. Care must be taken to = distinguish=20 between an agreement to enter into a future contract, and a present = actual=20 agreement to make a sale. This consent may be shown, 1. By an express = agreement.=20 2. By all implied agreement.

10. - 1. The consent is certain when the parties expressly declare = it. This,=20 in some cases, it is requisite should be in writing. By the 17tth = section of the=20 English statute, 29 Car. II. c. 3, commonly called the Statute of = Frauds, it is=20 enacted, "that no contract for the sale of any goods, wares, or = merchan-dise,=20 for the price of =FA10 or upwards, shall be allowed to be good, except = the buyer=20 shall accept part of the goods so sold, and actually receive the same, = or give=20 something in earnest to bind the bargain, or in part payment, or some = note or=20 memorandum in writing of the said bargain be made and signed by the = parties to=20 be charged by such contract or their agents thereunto lawfully = authorized." This=20 statute has been renacted in most of the states of the Union, with = amendments=20 and alterations,

11. It not unfrequently happens that the consent of the parties to a = contract=20 of sale is given in the course of a correspondence. To make such = contract valid,=20 both parties must concur in it at the same time. See Letter, com. law, = crim.=20 law, =A72; 4 Wheat. 225; 6 Wend. 103; 1 Pick. 278 10 Pick. 326.

12. An express consent to a sale may be given verbally, when it is = not=20 required by the statute of frauds to be in writing.

13. - 2. When a party, by his acts, approves of what has been done, = as if he=20 knowingly uses goods which have been left at his house by another who = intended=20 to sell them, he will, by that act, confirm the sale.

14. The consent must relate, 1. To the thing which is the object of = the=20 contract; 2. To the price; and, 3. To the sale itself. 1st. Both parties = must=20 agree upon the same object of the sale; if therefore one give consent to = buy one=20 thing, and the other to sell another, there is no sale; nor is there a = sale if=20 one sells me a bag full of oats, which I understand is full of wheat; = because=20 there is no consent as to the thing which is the object of the sale. But = the=20 sale would be valid, although I might be mistaken as to the quality of = the=20 tiling sold. 20 John. 196 3 Rawle, 23, 168. 2d. Both parties must agree = as to=20 the same price, for if the seller intends to sell for a greater sum than = the=20 buyer intends to give, there is no mutual consent; but if the case were=20 reversed, and the seller intended to sell for a less price than the = buyer=20 intended to give, the sale would be good for the lesser sum. Poth. = Vente, n. 36.=20 3d. The consent must be on the sale itself, that is, one intends to = sell, and=20 the other to buy. If, therefore, Peter intended to lease his house for = three=20 hundred dollars a year for ten years, and Paul intended to buy it for = three=20 thousand dollars, there would not be a contract of sale nor a lease. = Poth.=20 Vente, n. 37.

15. In order to pass the property by a sale, there must be an express = or=20 implied agreement that the title shall pass. An agreement for the sale = of goods=20 is prima facie a bargain and sale of those goods; but this arises merely = from=20 the presumed intention of the parties, and if it appear that the parties = have=20 agreed, not that there shall be a mutual credit by which the property is = to pass=20 from the seller to the buyer, and the buyer is bound to pay the price to = the=20 seller, but that the exchange of the money for the goods shall be made = on the.=20 spot, no property is transferred, for it is not the intention of the = parties to=20 transfer any. 4 Wash. C. C. R. 79. But, on the contrary, when the making = of part=20 payment, or naming a day for payment, clearly shows an intention in the = parties=20 that they should have some time to complete the sale by payment and = delivery,=20 and that they should in the meantime be trustees for each other, the one = of the=20 property in the chattel, and the other in the price. As a general rule, = when a=20 bargain is made for the purchase of goods, and nothing is said about = payment=20 and. delivery, the property passes immediately, so as to cast upon the = purchaser=20 all future risk, if nothing remains to be done to the goods, although he = cannot=20 take them away without paying the price. 5 B. & C. 862.

16. Sales are absolute or conditional. An absolute sale is one made = and=20 completed without any condition whatever. A conditional sale is one = which=20 depends for its validity upon the fulfilment of some condition. See 4 = Wash. C.=20 C. R. 588; 4 Mass. 405; 17 Mass. 606; 10 Pick. 522; 13 John. 219; 18 = John. 141;=20 8 Verm. 154; 2 Hall 561; 2 Rawle, 326; Coxe, 292; 1 Bailey 563; 2 A.K. = Marsh.=20 430.

17. Sales are also voluntary or forced, public or private.

18. - 1. A voluntary sale is one made without constraint freely by = the owner=20 of the thing sold; to such the usual rules relating to sales apply. 2. A = forced=20 sale is one made without the consent of the owner of the property by = some=20 officer appointed by law, as by a marshal or a sheriff in obedience to = the=20 mandate of a competent tribunal. This sale has the effect to transfer = all the=20 rights the owner had in the property, but it does not, like a voluntary = sale of=20 personal property, guaranty a title to the thing sold it merely = transfers the=20 rights of the person as whose property it has been seized. This kind of = a sale=20 is sometimes called a judicial sale. 3. A public sale is one made at = auction to=20 the highest bidder. Auction sales sometimes are voluntary, as when the = owner=20 chooses to sell his goods in this way, and then as between the seller = and the=20 buyer the usual rules relating to sales apply; or they are involuntary = or foreed=20 when the same rules do not apply. 4. Private sales are those made = voluntarily=20 and not at auction.

19. The above rules apply to sales of personal property. The sale of = real=20 estate is governed by other rules. When a contract has been entered into = for the=20 sale of lands, the legal estate in such lands still remains vested in = the=20 vendor, and it does not become vested in the vendee until he shall have=20 re-ceived a lawful deed of conveyance from the vendor to him; and the = only=20 remedy of the purchaser at Iaw, is to bring an action on the contract, = and=20 recover pecuniary damages for a breach of the contract. In equity, = however,=20 after a contract for the sale, the lands are considered as belonging to = the=20 purchaser, and the court will enforce his rights by a decree for a = specific=20 performance; and the seller will be entitled to the purchase money. = Will. on=20 Real Prop. 127. See Specific performance.

20. In general, the seller of real estate does not guaranty the = title; and if=20 it be desired that he should, this must be done by inserting a warranty = to that=20 effect. See, generally, Brown on Sales; Blackb. on Sales; Long on Sales; = Story=20 on Sales, Sugd. on Vendors; Pothier, Vente; Duvergier, Vente; Civil Code = of=20 Louisiana, tit. 7; Bouv. Inst. Index, h. t.; and Contracts; Delivery; = Purchaser;=20 Seller; Stoppage in transitu.

SALE NOTE. A memorandum given by a broker to a seller or buyer = of=20 goods, stating the fact that certain goods have been sold by him on = account of a=20 person called the seller to another person called the buyer. Sale notes = are also=20 called bought notes, (q. v.) and sold notes. (q. v.)

SALE AND RETURN. When goods are sent from a manufacturer or = wholesale=20 dealer to a retail trader, in the hope that he may purchase them, with = the=20 understanding that what he may choose to take he shall have as on a = contract of=20 sale, and what he does not take he will retain as a consignee for the = owner, the=20 goods are said to have been sent on sale and return.

2. The goods taken by the receiver as on a sale, will be considered = as sold,=20 and the title to them is vested in the receiver of them; the goods he = does not=20 buy are considered as a deposit in the hands of the receiver of them, = and the=20 title is in the person who sent them. 1 Bell's Com., 268, 5th ed.

SALIQUE LAW. The name of a code of laws so called from the = Salians, a=20 people of Germany, who settled in Gaul under their king Phararaond.

2. The most remarkable law of this code is that which regards = succession. De=20 terra vero salica nulla portio haereditatis transit in mulierem, sed hoc = vir-iles sextus acquirit, hoc est filii in ipsa haereditate succedunt; = no part=20 of the salique land passes to females, but the males alone are capable = of=20 taking, that is, the sons succeed to the inheritance. This rule has ever = excluded females from the throne of France.

SALVAGE, maritime law. This term originally meant the thing or = goods=20 saved from shipwreck or other loss; and in that sense it is generally to = be=20 understood in our old books. But it is at present more frequently = understood to=20 mean the compensation made to those by whose means the ship or goods = have been=20 saved from the effects of shipwreck, fire, pirates, enemies, or any = other loss=20 or misfortune. 1 Cranch, 1.

2. This compensation, which is now usually made in money, was, before = the use=20 of money became general, made by a delivery of part of the effects = saved. Marsh.=20 Ins. B. 1, c. 12, s. 8; Pet. Adm. Dec. 425; 2 Taunt. 302; 3 B. & P. = 612; 4=20 M. & S. 159; 1 Cranch, 1; 2 Cranch, 240; Cranch, 221; 3 Dall. 188; 4 = Wheat.=20 98 9 Cranch, 244; 3 Wheat. 91; 1 Day, 193 1 Johns. R. 165; 4 Cranch, = 347; Com.=20 Dig. Salvage; 3 Kent, Com. 196. Vide Salvors.

SALVAGE CHARGES. The expenses incurred to remunerate services = rendered=20 to a ship and cargo, which have prevented its being a total loss. Stev. = on Av.=20 c. 2, s. 1.

SALVAGE LOSS. By salvage loss is understood the difference = between the=20 amount of salvage, after deducting the charges, and the original value = of the=20 property. Stev. on Av. c. 2, s. 1.

SALVORS, mar. law. When a ship and cargo, or any part thereof, = are=20 saved at sea by the exertions of any person from impending perils, or = are=20 recovered after an actual abandonment or loss, such persons are = denominated=20 salvors; they are entitled to a compensation for their services, which = is called=20 salvage. (q. v.)

2. As soon as they take possession of property for the purpose of = preserving=20 it, as if they find a ship derelict at sea, or if they recapture it, or = if they=20 go on board a ship in distress, and take possession with the assent of = the=20 master or other person in possession, they are deemed boua fide = possessors, and=20 their possession cannot be lawfully displaced. 1 Dodson's Rep. 414. They = have a=20 lien on the property for their salvage, which the, laws of all maritime=20 countries will respect and enforce. Salvors are responsible not only for = good=20 faith, but for reasonable diligence in their custody of the salvage = property.=20 Story, Bail. =A7623.

SAMPLE, contracts. A small quantity of any commodity or = merchandise,=20 exhibited as a specimen of a larger quantity called the bulk. (q. v.) =

2. When a sale is made by sample, and it afterwards turns out that = the bulk=20 does not correspond with it, the purchaser is not, in general, bound to = take the=20 property on a compensation being made to him for the difference. 1 = Campb. R.=20 113; vide 2 East, 314; 4, Campb. R. 22; 12 Wend. 566 9 Wend. 20; 6 = Cowen, 354;=20 12 Wend. 413. See 5 John. R. 395.

SANCTION. That part of a law which inflicts a penalty for its=20 violation, or bestows a reward for its observance. Sanctions are of two = kinds,=20 those which redress civil injuries, called civil sanctions; and those = which=20 punish crimes, called penal sanctions. 1 Hoffm. Leg. Outl. 279; Just. = Ins. lib.=20 2, t. 1, =A710; Ruthf. Inst. b. 2, c. 6, s. 6; Toull. tit. prel. 86; = Ferguss.=20 Inst. of Mor. Phil. p. 4, c. 3, s. 13, and p. 6, c. 1, et seq; 1 Bl. = Com. 56.=20

SANCTUARY. A place of refuge, where the process of the law = cannot be=20 executed.

2. Sanctuaries may be divided into religious and civil. The former = were very=20 common in Europe; religious houses affording protection from arrest to = all=20 persons, whether accused of crime, or pursued for debt. This kind was = never=20 known in the United States.

3. Civil sanctuary, or that protection which is afforded to a man by = his own=20 house, was always respected in this country. The house protects the = owner from=20 the service of all civil process in the first instance but not if he is = once=20 lawfully arrested and takes refuge in his own house. Vide Door; House. =

4. No place affords protection from arrest in criminal cases; a man = may,=20 therefore, be arrested in his own bouse in such cases, and the doors may = be=20 broken for the purpose of making the arrest. Vide Arrest in criminal = cases.

SANE MEMORY. By this is meant that understanding which enables = a man=20 to make contracts and his will, and to perform such other acts as are = authorized=20 by law; Vide Lunacy; Memory; Non compos mentis.

SANG or SANC. Blood. These words are nearly obsolete.

SANITY, med. jur. The state of a person who has a sound = understanding;=20 the reverse of insanity.

2. The sanity of an individual is always presumed. 5 John. R. 144; 1 = Pet. R.=20 163; 1 Hen. & M. 476; 4. Cowen, R. 207; 4 W. C. C. R. 262. See 9 = Conn. 102;=20 9 Mass. 225; 3 Mass. 336 1 Mass. 71; 8 Mass. 371; 8 Greenl. 42; 15 John. = 503; 4=20 Pick. 32.

SANS CEO QUE. The same as Absque hoc. (q. v.)

SANS NOMBRE. This is a French phrase, which signifies without = number.=20

2. In England it is used in relation to the right of putting animals = on a=20 common. The term common sans nombre does not mean that the beasts are to = be=20 innumerable, but only indefinite, not certain; Willes, 227; but they are = limited=20 to the commoner's own commonable cattle, levant et couchant, upon his = lands, or=20 as many cattle as the land of the commoner can keep and maintain in = winter. 2=20 Brownl. 101; Vent. 54; 5 T. R. 48; 1 Saund. 28, n. 4.

SANS RECOURS. Without recourse.

2. These words are sometimes put on a bill before the payee endorses = it; they=20 have the effect of transferring the bill without responsibility to the = endorser.=20 Chit. on Bills, 179; 7 Taunt. 160; 1 Cowen, 538; 3 Cranch, 193; 7 = Cranch, 159;=20 12 Mass. 172; 14 S. & R. 325.

SATISDACTION, civil law. This word is derived from the same = root as=20 satisfaction; for, in the same manner that to fulfil the demand which is = made=20 upon us, is called satisfaction, so satisdaction takes place when he who = demands=20 something has agreed to receive sureties instead of the thing itself. = Dig. 2, 8,=20 1

SATISFACTION, practice. An entry made on the record, by which = a party=20 in whose favor a judgment was rendered, declares that he has been = satisfied and=20 paid.

2. In Alabama, Delaware, Illinois, Indiana, Massachusetts, New = Hampshire,=20 Pennsylvania, Rhode Island, South Carolina, and, Vermont, provision is = made by=20 statute, requiring the mortgagee to discharge a mortgage upon the = record, by=20 entering satisfaction in the margin. The refusal or neglect to enter=20 satisfaction after payment and demand, renders the mortgagee liable to = an=20 action, after the time given him by the respective statutes for doing = the same=20 has elapsed, and subjects him to the payment of damages, and, in some = cases,=20 treble costs. In Indiana and New York, the register or recorder of deeds = may=20 himself discharge the mortgage upon the record on the exhibition of a=20 certificate of payment and satisfaction signed by the mortgagee or his=20 representatives, and attached to the mortgage, which shall be recorded. = Ind. St.=20 1836, 64; 1 N. Y. Rev. St. 761.

SATISFACTION, construction by courts of equity. Satisfaction = is=20 defined to be the donation of a thing, with the intention, express or = implied,=20 that such donation is to be an extinguishment of some existing right or = claim in=20 the donee.

2. Where a person indebted bequeaths to his creditor a legacy, equal = to, or=20 exceeding the amount of the debt, which is not noticed in the will, = courts of=20 equity, in the absence of any intimation of a contrary intention, have = adopted=20 the rule that the testator shall be presumed to have meant the legacy as = a=20 satisfaction. of the debt.

3. When a testator, being indebted, bequeaths to his creditor a = legacy,=20 simpliciter, and of the same nature as the debt, and not coming within = the=20 exceptions stated in the next paragraph, it has been held a satisfaction = of the=20 debt, when the legacy is equal to, or exceeds the amount of the debt. = Pre. Ch.=20 240; 3 P. Wms. 353.

4. The following are exceptions to the rule: 1. Where the legacy is = of, less=20 amount than the debt, it shall not be deemed a part payment or = satisfaction. 1=20 Ves. pen. 263.

5. - 2. Where, though the debt and legacy are of equal amount, there = is a=20 difference in the times of payment, so that the legacy may not be = equally=20 beneficial to the legatee as the debt. Prec. Ch. 236; 2 Atk. 300; 2 Ves. = sen. 63=20 5; 3 Atk. 96; 1 Bro. C. C. 129; 1 Bro. C. C. 195; 1 M'Clel. & Y. = Rep. Exch.=20 41; 1 Swans. R. 219.

6. - 3. When the legacy and the debt are of a different nature, = either with=20 reference, to the subjects themselves, or with respect to the interests = given. 2=20 P. Wms. 614; 1 Ves. jr. 298; 2 Ves. jr. 463.

7. - 4. When the provision by the will is expressed to be given for a = particular purpose, such purpose will prevent the testamentary gift = being=20 construed a satisfaction of the debt, because it is given diverse = intuitu. 2=20 Ves. sen. 635.

8. - 5. When the debt of the testator is contracted subsequently to = the,=20 making of the will; for, in that case, the legacy will not be deemed a=20 satisfaction. 2 Salk. 508.

9. - 6. When the legacy is uncertain or contingent. 2 Atk. 300; 2 P. = Wms.=20 343.

10. - 7. Where the debt itself is contingent, as where it arises from = a=20 running account between the testator and legatee; 1 P. Wms. 296; or it = is a=20 negotiable bill of exchange. 3 Ves. jr. 561.

11. - 8. Where there is an express direction in the will for the = payment of=20 debts end legacies, the court will infer from the circumstance, that the = testator intended that both the debt owing from him to the legatee and = the=20 legacy, should, be paid. 1 P. Wms. 408; 2 Roper, Leg. 54.

See, generally, Tr. of Eq. 333; Yelv. 11, n.; 1 Swans. R. 221; 18 = Eng. Com.=20 Law Rep. 201; 4 Ves. jr. 301; 7 Ves. jr. 507; 1 Suppl. to Ves. jr. 204, = 308,=20 311, 342, 348, 329; 8 Com. Dig. Appen. tit. Satisfaction, p. 917; Rob. = on=20 Frauds, 46, n. 15; 2 Suppl. to Ves. jr. 22, 46, 205; 1 Vern. 346; Roper, = Leg. c.=20 17; 1 Roper on Hush. and Wife, 501 to 511; 2 Id. 53 to 63; Math. on = Pres. c. 6,=20 p. 107; 1 Desaus. R. 814; 2 Munf. Rep. 413; Stallm. on El. and Sat.

SATISFACTION PIECE, Eng. practice. An instrument of writing in = which=20 it is declared that, satisfaction is acknowledged between the plaintiff = and=20 defendant. It is signed by the attorney, and on its production and the = warrant=20 of attorney to the clerk of the judgments, satisfactio is entered on = payment, of=20 certain fees. Lee's Dict. of Pr. tit. Satis>=20

Transfer interrupted!

EVIDENCE. That which is sufficient to = induce a=20 belief that the thing is true; in other words, it is credible evidence. = 3 Bouv.=20 Inst. n. 3049.=20

SCANDAL. A scandalous verbal report or rumor respecting some = person.=20

2. The remedy is an action on the case.

3. In chancery practice, when a bill or other pleading contains = scandal, it=20 will be referred to a master to be expunged, and till this has been = done, the=20 opposite party need not answer. 3 Bl. Com. 342. Nothing is considered = scandalous=20 which is positively relevant to the cause, however harsh and gross the = charge=20 may be. The degree of relevancy is not deemed material. Coop. Eq. Pl. = 19; 2 Ves.=20 24; 6 Ves. 514, 11 Ves. 626; 15 Ves. 477; Story Eq. Plo. =A7269 Vide = Impertinent.=20

SCANDALUM MAGNATUM. Great scandal or slander. In England it. = is the=20 slander of the great men, the nobility of the realm.

SCHEDULE, practice. When an indictment is returned, from au = inferior=20 court in obedience to a writ of certiorari, the, statement of the = previous=20 proceedings sent with it, is termed the schedule. 1 Saund. 309, a, n. 2. =

2. Schedules are also frequently annexed to answers in a court of = equity, and=20 to depositions and other documents, in order to show more in detail the = matter=20 they contain, than could otherwise be conveniently shown.

3. The term is frequently used instead of inventory.

SCHOOLMASTER. One employed in teaching a school.

2. A schoolmaster stands in loco parentis in relation to the pupils = committed=20 to his charge, while they are under his care, so far as to enforce = obedience to=20 his, commands, lawfully given in his capacity of school-master, and he = may=20 therefore enforce them by moderate correction. Com. Dig. Pleader, 3 M = 19; Hawk.=20 c. 60, sect. 23. Vide Correction.

3. The schoolmaster is justly entitled to be paid for his important = and=20 arduous services by those who em ploy him. See 1 Bing. R. 357 8 Moore's = Rep.=20 368. His duties are to teach his pupils what he has undertaken, and to = have a=20 special care over their morals. See 1 Stark. R. 421.

SCIENDUM, Eng. law. The name given to a clause inserted in the = record=20 by which it is made " known that the justice here in court, in this same = term,=20 delivered a writ thereupon to the deputy sheriff of the county = aforesaid, to be=20 executed in due form of law." Lee's Dict. art. Record.

SCIENTER, knowingly.

2. A man may do many acts which are justifiable or not, as he is = ignorant or=20 not ignorant of certain facts. He may pass a counterfeit coin, when he = is=20 ignorant of its being counterfeit, and is guilty of no offence; but if = he knew=20 the coin to be counterfeit, which is called the scienter, he is guilty = of=20 passing counterfeit money. A man who keeps an animal which injures some = person,=20 or his property, is answerable for damages, or in some cases he may be = indicted=20 if he had a knowledge of such animal's propensity to do injury. 3 = Blackst. Comm.=20 154; 2 Stark. Ev. 178; 4 Campb. 198; 2 Str. 1264; 2 Esp. 482; Bull. N. = P. 77;=20 Burr. 2092; 2 Lev. 172; Lord Raym. 110; 2 B. & A. 620; 2 C. M. & = R. 496;=20 5 C. & P. 1; S. C. 24 E. C. L. R. 187; 1 Leigh, N. P. 552, 553; 7 C. = &=20 P. 755.

4. In this respect the civil law agrees with our own. Domat, Lois = Civ. liv.=20 2, t. 8, s. 2. As to what evidence maybe given to prove guilty = knowledge, see=20 Archb. Cr. Pl. 109. Vide Animal; Dog.

SCILICET. A Latin adverb, signifying that is to say; to wit; = namely.=20

2. It is a clause to usher in the sentence of another, to = particularize that=20 which was too general before, distribute what was too gross, or to = explain what=20 was doubtful and obscure. It neither increases nor diminish the premises = or=20 habendum, for it gives nothing of itself; it may make a restriction when = the=20 preceding words may be restrained. Hob. 171 P. Wms. 18; Co. Litt. 180 b, = note 1.=20

3. When the scilicet is repugnant to the precedent matter, it is = void; for=20 example, when a declaration in trover states that the plaintiff on the = third day=20 of May was possessed of certain goods which on the fourth day of May = came to the=20 defendant's hands, who afterwards, to wit, on the first day of May = converted=20 them, the scilicet was rejected as surplusage. Cro. Jac. 428; and vide 6 = Binn.=20 15; 3 Saund. 291, note 1, and the cases there cited. This word is = sometimes=20 abbreviated, ss. or sst.

SCINTILLA JURIS, estates; A spark of right. A legal fiction, = resorted=20 to for the purpose of enabling feoffees to uses to support contingent = uses when=20 they come into existence, thereby to enable the statutes of uses, 27 = Henry=20 VIII., to execute them. 4 Kent's Com. 238, et seq., and the authorities = there=20 cited, for the learning upon this subject.

SCIRE FACIAS, remedies, practice. The name of a judicial writ, = founded=20 upon some record, and requiring the defendant to show cause why the = plaintiff=20 should not have the "advantage of such record; or, when it is issued to = repeal=20 letters-patent, why the record should not be annulled and vacated. 3 = Sell. Pr.=20 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr. h. t. =

2. It is, however, considered as an action, and in the nature of a = new=20 original. Skin. 682; Com. 455.

3. The scire facias against a bail, against pledges in replevin, to = repeal=20 letters-patent, or the like, is an original proceeding; but when brought = to=20 revive a judgment after a year and a day, or upon the death or marriage = of the=20 parties, when in the latter case one of them is a woman; or when brought = on a=20 judgment quando, &c., against an executor, it is but a continuation = of the=20 original action. Vide 1 T. R. 388. Vide generally, 11 Vin. Ab. 1; 19 = Vin. Ab.=20 280 Bac. Ab. Execution, H; Bac. Ab. h. t. 2 Saund. 72 e, note, 3; Doct. = Pl. 436=20 Bouv. Inst. Index, h. t.

SCIRE FACIAS AD AUDIENDUM ERRORES. The name of a writ which is = sued=20 out after the plaintiff in error has assigned his errors. F. N. B. 20; = Bac. Ab.=20 Error F.

SCIRE FACIAS AD DISPROBANDUM DEBTTUM. The name of a writ in = use in=20 Pennsylvania, which lies by a defendant in foreign attachment against = the=20 plaintiff, in order to enable him, within a year and a day next ensuing = the time=20 of payment to the plaintiff in the attachment, to disprove or avoid the = debt=20 recovered against him. Act relating to the commencement of actions, s. = 61,=20 passed June 13th, 1836.

SCIRE FECI, practice. The return of the sheriff, or other = proper=20 officer, to the writ of scire facias, when it has been served; scire = feci, "I=20 have made known."

SCIRE FIERI INQUIRY, Eng. law. The name of a writ, the history = of the=20 origin of which is as follows: when on an execution de bonis testatoris = against=20 an executor the sheriff returned nulla bona and also a devastavit, a = fieri=20 fac-ias, de bonis propriis, might formerly have been issued against the=20 executor, without a previous inquisition finding a devastavit and a = scire=20 facias. But the most usual practice upon the sheriff's return of nulla = bona a to=20 a fieri facias de bonis testatoris, was to sue out a special writ of = fieri=20 facias de bonis testatoris, with a clause in it, "et si tibi constare, = poterit,"=20 that the executor had wasted the goods, then to levy de bonis propriis. = This was=20 the practice in the king's bench till the time of Charles I.

2. In the common pleas a practice had prevailed in early times upon a = suggestion in the special writ of fieri facias of a devastavit by the = executor,=20 to direct the sheriff to inquire by a jury, whether the executor had = wasted the=20 goods, and if the jury found he had, then a scire facias was issued out = against=20 him, and unless he made a good defence thereto, an execution de bonis = propriis=20 was awarded against him.

3. The practice of the two courts being different, several cases were = brought=20 into the king's bench on error, and at last it became the practice of = both=20 courts, for the sake of expedition, to incorporate the fieri facias = inquiry, and=20 scire facias, into one writ, thence called a scire fieri inquiry, a name = compounded of the first words of the two writs of scire facias and fieri = facias,=20 and that of inquiry, of which it consists.

4. This writ recites the fieri facias de bonis testatoris sued out on = the=20 judgment against the executor, the return of nulla bona by the sheriff, = and then=20 suggesting that the executor bad sold and converted the goods of the = testator to=20 the value of the debt and damages recovered, commands the sheriff to = levy the=20 said debt and damages of the goods of the testator in the hands of the = executor,=20 if they could be but if it should appear to him by the inquisition of a = jury=20 that the executor had wasted the goods of the testator, then the sheriff = is to=20 warn the executor to appear, &c. If the judgment had been either by = or=20 against the testator or intestate, or both, the writ of fieri facias = recites=20 that fact, and also that the court had adjudged, upon a scire facias to = revive=20 the judgment, that the executor or administrator should have execution = for the=20 debt, &c. Clift's Entr. 659; Lilly's Entr. 664; 3 Rich. Pr. K. B. = 523.

5. Although this practice is sometimes adopted, yet the most usual = proceeding=20 is by action of debt on the judgment, suggesting a devastavit, because = in the=20 proceeding by scire fieri inquiry the plaintiff is not entitled to = costs, unless=20 the executor appears and pleads to the scire facias. 1 Saund. 219, n. 8. = See 2=20 Archb. Pr. 934.

SCITE. The setting or standing of may place. The seat or = situation of=20 a capital messuage, or the ground on which it Stood. Jacob, L. D. h. t. =

SCOLD. A woman who by her habit of scolding becomes a nuisance = to the=20 neighborhood, is called a common scold. Vide Common Scold.

SCOT AND LOT, Eng. law. The name of a customary contribution, = laid=20 upon all the subjects according to their ability.

SCOUNDREL. An opprobrious title given to a person of bad = character.=20 General damages will not lie for calling a man a scoundrel, but special = damages=20 may be recovered when there has been an actual loss. 2 Bouv: Inst. n. = 2250; 1=20 Chit. Pr. 44.

SCRIPT, conv. The original or principal instrument, where = there are=20 part and counterpart. Vide Chirograph; Part, Rescript.

SCRIVENER. A person whose, business it is to write deeds and = other=20 instruments for others; a conveyancer.

2. Money scriveners are those who are engaged in procuring money to = be lent=20 on mortgages and other securities, and lending such money accordingly. = They act=20 also as agents for the purchase and sale of real estates.

3. To be considered a money scrivener, a person must be concerned in = carrying=20 on the trade or profession as a means of making a livelihood. He must in = the=20 course of his occupation receive other men's moneys into his trust and = custody,=20 to lay out for them as occasion offers. 3 Camp. R. 538; 2 Esp. Cas. 555. =

SCROLL. A mark which is to supply the place of a seal, made = with a pen=20 or other instrument on a writing.

2. In some of the states this has all the efficacy of a seal. 1, S. = & R.=20 72; 1 Wash. 42; 2 McCord, 380; 4 McCord 267; 3 Blackf. 161; 3 Gill & = John.=20 234; 2 Halst. 272. Vide Seal; 2 Serg. & Rawle, 504; 2 Rep. 5. a; = Perk. =A7129.=20 In others, a scroll has no such effect; and when a suit is brought on an = instrument sealed with a scroll, the act of limitations may be pleaded = to it, as=20 to a simple contract. 2 Rand. 446; 6 Halst. 174; 5 John. 239; 1 Blackf. = 241;=20 Griff. Law Reg., answers to question No 110.

SCUTAGE, old Eng. law. The name of a tax or contribution = raised for=20 the use of the king's armies by those who held lands by knight's = service.

SCYREGEMOTE. The name of a court among the Saxons. It was the = court of=20 the shire, in Latin called curia comitatus, and the principal court = among the=20 Saxons. It was holden twice a year for determining all causes both=20 ecclesias-tical and secular.

SE DEFENDENDO, criminal law. Defending himself.

2. Homicide, se defendendo, is that which takes place upon a sudden=20 rencounter, where two persons upon a sudden quarrel, without = premeditation or=20 malice, fight upon equal terms, and one, before a mortal stroke has been = given,=20 declines any further combat, and retreats as far as he can with safety, = and=20 kills his adversary, through necessity, to avoid immediate death. 2 = Swift's Dig.=20 289 pamphl. Rep. of Selfridge's, Trial in, 1805 Hawk. bk. 1, c. 11, s. = 13; 2=20 Russ. on Cr. 543; Bac. Ab. Murder, &c F 2.

SEA. The ocean; the great mass of waters which surrounds the = land, and=20 which probably extends from pole to pole, covering nearly three quarters = of the=20 globe. Waters within the ebb and flow of the tide, are to be considered = the sea.=20 Gilp. R. 526.

2. The sea is public and common to all people, and every person has = an equal=20 right to navigate it, or to fish there; Ang. on Tide Wat. 44 to 49; = Dane's Abr.=20 c. 68, a. 3, 4; Inst. 2, 1, 1; and to land upon the sea, shore. (q. v.) =

3. Every nation has jurisdiction to the distance of a cannon shot, = (q, v.) or=20 marine league, over the water adjacent to its shore. 2 Cranch, 187, 234; = 1=20 Circuit Rep. 62; Bynk. Qu. Pub. Juris. 61; 1 Azuni Mar. Law, 204; Id. = 185;=20 Vattel, 207:

SEA LETTER OR SEA BRIEF, maritime law. A document which should = be=20 found on board of every neutral ship; it specifies the nature and = quantity of=20 the cargo, the place from whence it comes, and its destination. Chit. = Law of=20 Nat. 197; 1 John. 192.

SEA SHORE, property. That space of land, on the border of the = sea,=20 which is alternately covered and left dry, by the rising and falling of = the tide=20 or, in other words, that space of land between high and low water mark. = Hargr,=20 Tr. 12; 6 Mass. 435, 439; 1 Pick. 180, 182; 5 Day, 22.

2. Generally, the sea shore belongs to the public. Angell on Tide = Wat. 34, 5;=20 3 Kent's Com. 347.

3. By the Roman law, the shore included the land as far as the = greatest wave=20 extended in winter; est autem littus, maris, quatenus hibernus, fluctus = maximus=20 excurrit. Inst. lib. 2, t. 1, s. 3. Littus publicum est eatenus qua = maxime=20 fluctus exaestuat. Dig., lib, 50, t. 16, s. 112.

4. The Civil Code of Louisiana seems to have followed the law of the=20 Insti-tutes and the Digest, for it enacts, art. 442, that the "sea shore = is that=20 space, of land over which the waters of the sea are spread in the = highest water,=20 during the winter season." Vide. 5 Rob. Adm. R. 182; Dougl. 425; 1 = Halst. R. 1;=20 2 Roll. Ab. 170; Dyer, 326; 5 Co. 107; Bac. Ab., Courts of Admiralty,, = A; 1 Am.=20 Law Mag. 76; 16 Pet. R. 234, 367 Ang. on Tide Waters, Index, tit. Shore; = 2=20 Bligh's N, S. 146; 5 M. & W. 327 Merl. Quest. de Droit, mots Rivage = de la=20 Mer; Inst. 2, 1, 2; 22 Maine, R. 350. For the law of Mass. vide Dane's = Ab. c.=20 68, a 3, 4.

SEA WEED. A species of grass which grows in the sea.

2. When cast upon land, it belongs to the owner of the land adjoining = the sea=20 shore; upon the grounds, that it increases gradually, that it is useful = as=20 manure and a protection to the ground, and that it is some compensation = for the=20 encroachments of the sea upon the land. 2 John. R. 313, 323. Vide 5 = Verm. R.=20 223.

3. The French differs from our law in this respect, as sea weeds = there, when=20 cast on the beach, belong to the first occupant. Dall. Dict. Propriete, = art. 3,=20 =A72, n. 128.

SEA WORTHINESS, mer. law. The ability of a ship or other = vessel to=20 make a sea voyage with probable safety: there is, in every insurance, = whether on=20 ship or goods, an implied warranty that the ship shall be worthy when = she sails=20 on the voyage insured; that is, that she shall be "tight, staunch, and = strong,=20 properly manned, provided with all necessary stores, and in all respects = fit for=20 the intended voyage." Marsh. Ins. 153 2 Phil. Ev. 60 10 Johns. R. 58. =

2. The following rules have been established in regard, to the = warranty of=20 sea-worthiness.

3. - 1. That it is of no consequence whether the insured was aware of = the=20 condition of the ship, or not. His innocence or ignorance is no answer = to the=20 fact that the ship was not sea-worthy.

4. - 2. - The opinion of carpenters who have repaired the vessel, = however=20 they may strengthen the presumption that the ship is sea-worthy, when it = is=20 favorable, is not conclusive of the fact of sea-worthiness. 4 Dow's Rep. = 269.=20

5. - 3. The presumption, prima facie, is for sea-worthiness. 1 Dow's = R. 336;=20 And it is presumed that a vessel continues sea-worthy, if she was so at = the=20 inception of the risk. 20 Pick. 389. See 1 Brev. 252.

6. - 4. Any sort of disrepair left in the ship, by which she, or the = cargo=20 may suffer, is a breach of the warranty of sea-worthiness.

7. - 5. A deficiency of force in the crew, or of skill in the master, = mate,=20 &c., is a want of sea-worthiness. 1 Campb. 1; 14 East, R. 481. But = if there=20 was once a sufficient crew, their temporary absence will not be = considered a=20 breach of the warranty. 2 Barn. & Ald. 73; 1 John. Cas. 184; 1 Pet. = 183.=20

8. - 6. A vessel may be rendered not sea-worthy by being overloaded. = 2 Barn.=20 & Ald . 320.

9. - 7. When the sea-worthiness arises from justifiable ignorance of = the=20 cause of the defect, and is discovered and remedied before any injury = occurs, it=20 is not to be considered as a defect. Ib. See, generally, 2 John. 124, = 129; 3=20 John. Cas. 76; 1 John. 241; 1 Caines, 217 3 S. & R. 25 1 Whart. 399. =

10. By an act of congress, approved July 20, 1840, as amended, by the = act of=20 July 29, 1850, it is provided, that if the first officer, (or a second = and third=20 officer,) and a majority of the crew of any vessel, shall make complaint = in=20 writing that she is in an unsuitable condition to go to sea, because she = is=20 leaky, or insufficiently supplied with sails, rigging, anchors, or any = other=20 equipment, or that the crew is insufficient to man her, or that her = provisions,=20 stores, and supplies are not, or have not been, during the voyage, = sufficient=20 and wholesome, thereupon, in any of these or like cases, the consul or=20 commercial agent who may discharge any duties of a consul shall appoint = two=20 disinterested, competent, practical men, acquainted with maritime = affairs, to=20 examine into the causes of complaint, who shall, in their report, state = what=20 defects and deficiencies, if any they find to be well founded, as well = as what,=20 in their judgment ought to be done, to put the vessel in order for the=20 continuance of her voyage.

SEAL, conveyancing, contracts. A seal is an impression upon wax, = wafer, or=20 some other tenacious substance capable of being impressed. 5 Johns. R. = 239. Lord=20 Coke defines a seal to be wax, with an impression. 3 Inst. 169. " = Sigillum,"=20 says he, "est cera impressa, quia cera sine impressione non est = sigillum." This=20 is the common law definition of a seal. Perk. 129, 134; Bro. tit. Faits, = 17, 30;=20 2 Leon 21; 5 John. 239; 2 Caines, R. 362; 21 Pick. R. 417.

2. But in Pennsylvania, New Jersey, and the southern and western = states=20 generally, the impression upon wax has been disused, and a circular, = oval, or=20 square mark, opposite the name of the signer, has the same effect as a = seal the=20 shape of it however is indifferent; and it is usually written with a = pen. 2=20 Serg. & Rawle, 503; 1 Dall. 63; 1 Serg. & Rawle, 72; 1 Watts, R. = 322; 2=20 Halst. R. 272.

3. A notary must use his official seal, to authenticate his official = acts,=20 and a scroll will not answer. 4 Blackf. R. 185. As to the effects of a = seal,=20 vide Phil. Ev. Index, h. t. Vide, generally, 13 Vin. Ab. 19; 4 Kent, = Com. 444; 7=20 Caines' Cas. 1; Com. Dig. Fait, A 2.

4. Merlin defines a real to be a plate of metal with a flat surface, = on which=20 is engraved the arms of a prince or nation, or private individual or = other=20 device, with which an impression may be made on wax or other substance = on paper=20 or parchment, in order to authenticate them: the impression thus made is = also=20 called a seal. Repert. mot Sceau; 3 McCord's R. 583; 5 Whart. R. 563. =

5. When a seal is affixed to an instrument, it makes it a specialty, = (q. v.)=20 and whether the seal be affixed by a corporation or an individual the = effect is=20 the same. 15 Wend. 256.

6. Where an instrument concludes with the words, "witness our hands = and=20 seals," and is signed by two persons, with only one seal, the jury may = infer,=20 from the face of the paper, that the person who signed last, adopted the = seal of=20 the first. 6 Penn. St. Rep. 302. Vide 9 Am Jur. 290-297; 1 Ohio Rep. = 368; 3=20 John. 470. 12 ohu. 76; as to the origin and use of seals, Addis. on = Cont. 6;=20 Scroll.

7. The public seal of a foreign state, proves itself; and public = acts,=20 decrees and judgments, exemplified under this seal, are received as true = and=20 genuine. 2 Cranch, 187, 238; 4 Dall. 416; 7 Wheat. 273, 335; 1 Denio, = 376; 2=20 Conn. 85, 90; 6 Wend. 475; 9 Mod. 66. But to entitle its seal to such = authority,=20 the foreign state must have been acknowledged by the government, within = whose=20 jurisdiction the forum is located. 3 Wheat. 610; 9 Ves. 347.

SEAL-OFFICE, English practice. The office at which certain = judicial=20 writs are sealed with the prerogative seal, and without which they are = of no=20 author-ity. The officer whose duty it is to seal such writs is called = "sealer of=20 writs;"

SEAL OF THE UNITED STATES, government. The seal used by the = United=20 States in congress assembled, shall be the seal of the United States, = viz.:=20 ARMS, pale-ways of thirteen pieces argent and gules; a chief azure; the=20 escutcheon on the breast of the American eagle displayer proper, holding = in his=20 dexter talon, an olive branch, and in his sinister, a bundle of thirteen = arrows,=20 all proper, and in his beak a scroll, inscribed with this motto, "E = pluribus=20 unum." For the CREST: over the head of the eagle which appears above the = escutcheon, a glory, or breaking through a cloud, proper, and = surrounding=20 thirteen stars, forming a constellation argent on an azure field. = REVERSE, a=20 pyramid unfin-ished. In the zenith an eye in a triangle, surrounded with = a glory=20 proper: over the eye, these words, "Annuit caeptis." On the base of the = pyramid,=20 the numerical letters, MDCCLXXVI; and underneath, the following motto, = "Novus=20 ordo sectorum." Resolution of Congress, June 20, 1782; Gordon's Dig. = art. 207.=20

SEALING OF A VERDICT, practice. The putting a verdict in = writing, and=20 placing it in an envelop, which is sealed. To relieve jurors after they = have=20 agreed, it is not unusual for the counsel to agree that the jury shall = seal=20 their verdict, and then separate. When the court is again in session, = the jury=20 come in and give their verdict, in all respects as if it had not been = sealed,=20 and a juror may dissent from it, if since the sealing, he has honestly = changed=20 his mind. 8 Ham. 405; Gilm. 333; 3 Bouv. Inst. n. 3257.

SEALS, matters of succession. On the death of a person, according to = the laws=20 of Louisiana, if the heir wishes to obtain the benefit of inventory, and = the=20 delays for deliberating, he is bound as soon as he knows of the death of = the=20 deceased to whose succession he is called, and before committing any act = of=20 heirship, to cause the seals to be affixed on the effects of the = succession, by=20 any judge or justice of the peace. Civ. Code, of Lo. art. 1027.

2. In ten days after this affixing of the seals, the, heir is bound = to=20 present a petition to the judge of the place in which the succession, is = opened,=20 praying for the removal of the seals, and that a true and faithful = inventory of=20 the effects of the succession be made. Id. art. 1028.

3. In case of vacant estates, and estates of which the heirs are = absent and=20 not represented, the seals, after the decease, must be affixed by a = judge or=20 justice of the peace within the limits of his jurisdiction, and may be = fixed by=20 him, either ex officio, or at the request of the parties. Civ. Code of = Lo. art.=20 1070. The seals are affixed at the request of the parties, when a widow, = a=20 testamentary executor, or any other person who pretends to have an = interest in a=20 succession or community of property, requires it. Id. art. 1071.; They = are=20 affixed ex officio, when the presumptive heirs of the deceased do not = all reside=20 in the place where be died, or if any of them happen to be absent. Id. = art 1072.=20

4. The object of placing the seals on the effects of a succession, is = for the=20 purpose of preserving them, and for the interest of third persons. Id. = art.=20 1068.

5. The seals must be placed on the bureaus, coffers, armoires, and = other=20 things, which contain the effects and papers of the deceased, and on the = doors=20 of the apartments which contain these things, so that they cannot be = opened=20 without tearing off, breaking, or altering the seals. Id. art. 1069. =

6. The judge or justice of the peace, who affixes the seals, is bound = to=20 appoint guardian, at the expense of the succession, to take care of the = seals=20 and of the effects, of which an account is taken at the end of the = proces-verbal=20 of the affixing of the seals; the guardian must be domiciliated in the = plaze=20 where the inventory is taken. Id. art. 1079. And the judge; when he = retires,=20 must take with him the keys of all things and apartments upon which the = seals=20 have been affixed. lb.

7. The raising of the seals is done by the judge of the place, or = justice of=20 the peace appointed by him to that effect, in the presence of the = witnesses of=20 the vicinage, in the same manner as for the affixing of the seals. Id. = art.=20 1084. See, generally; Benefit of Inventory, Succession; Code de Pro. = Civ. 2e=20 part. lib. 1, t. 1, 2, 3; Dict. de Jurisp. Scelle.

SEAMAN. A sailor; a mariner; one whose business is navigation. = 2=20 Boulay Paty, Dr. Com. 232; Code de Commerce art. 262; Laws of Oleron, = art. 7;=20 Laws of Wishuy, art. 19. The term seamen, in it most enlarged sense, = includes=20 the captain a well as other persons of the crew; in a more confined=20 signification, it extends only to the common sailors; 3 Pardes. n. 667; = the=20 mate; 1 Pet. Adm. Dee. 246; the cook and steward; 2 Id. 268; are = considered, as=20 to their rights to sue in the admiralty, as common seamen; and persons = employed=20 on board of steamboats and lighters, engaged in trade or commerce, on = tide=20 water, are within the admiralty jurisdiction, while those employed in = ferry=20 boats are not. Gilp. R. 203, 532. Persons who do not contribute their = aid in=20 navigating the vessel or to its preservation in the course of their = occupation,=20 as musicians, are not to be considered as seamen with a right to sue in = the=20 admiralty for their wages. Gilp. R. 516, See 1 Bell's Com. 509, 5th ed.; = 2 Rob.=20 Adm. R. 232; Dunl. Adm. Pr. h . t.

2. Seamen are employed either in merchant vessels for private = service, or in=20 public vessels for the service of the United States.

3. - 1. Seamen in the merchant vessels are required to enter into a = contract=20 in writing commonly called shipping articles. (q. v.) This contract = being=20 entered into, they are bound under. severe penalties, to render = themselves on=20 board the vessel according to the agreement: they are not at liberty to = leave=20 the ship without the consent of the captain or commanding officer, and = for such=20 absence, when less than forty-eight hours, they forfeit three day's = wages for=20 every day of absence; and when the absence is more than forty-eight = hours, at=20 one time, they forfeit all the wages due to them, and all their goods = and=20 chattels which were on board the vessel, or in any store where they may = have=20 been lodged at the time of their desertion, to the use of the owners of = the=20 vessel, and they are liable for damages for hiring other hands. They may = be=20 imprisoned for desertion until the ship is ready to bail.

4. On board, a seaman is bound to do his duty to the utmost of his = ability;=20 and when his services are required for extraordinary exertions, either = in=20 consequence of the death of other seamen, Or on account of unforeseen = perils, he=20 is not entitled to an increase of wages, although it may have been = promised to=20 him. 2 Campb. 317; Peake's N. P. Rep. 72; 1 T. R. 73. For disobedience = of orders=20 he may be imprisoned or punished with stripes, but the correction (q. = v.) must=20 be reasonable; 4 Mason, 508; Bee, 161; 2 Day, 294; 1 Wash. C. C. R. 316; = and,=20 for just cause, may be put ashore in a foreign country. 1 Pet. Adm. R. = 186; 2=20 Ibid. 268; 2 East, Rep. 145. By act of Congress, September 28, 1850, = Minot's=20 Stat. at Large, U. S. p. 515, it is provided, that flogging in the navy = and on=20 board vessels of commerce, be, and the same is hereby abolished from and = after=20 the passage of this act.

5. Seamen are entitled to their wages, of which one-third is due at = every=20 port at which the vessel shall unlade and deliver her cargo, before the = voyage=20 be ended; and at the end of the voyage an easy and speedy remedy is = given them=20 to recover all unpaid wages. When taken sick a seaman is entitled to = medical=20 advice and aid at the expense of the ship: such expense being considered = in, the=20 nature of additional wages, and as constituting a just remuneration for = his=20 labor and services. Gilp. 435, 447; 2 Mason, 541; 2 Mass. R. 541.

6. The right of seamen to wages is founded not in the shipping = articles, but=20 in the services performed; Bee, 395; and to recover such wages the = seaman has a=20 triple remedy, against the vessel, the owner, and the master. Gilp. 592; = Bee,=20 254.

7. When destitute in foreign ports, American consuls and commercial = agents=20 are required to provide for them, and for their passages to some port of = the=20 United States, in a reasonable manner, at the expense of the United = States; and=20 American vessels are bound to take such seamen on board at the request = of the=20 consul, but not exceeding two men for every hundred tons of the ship, = and=20 transport them to the United States, on such terms, not exceeding ten = dollars=20 for each person, as may be agreed on. Vide, generally, Story's Laws U. = S. Index,=20 h. t.; 3 Kent, Com, 136 to 156; Marsh. Ins. 90; Poth. Mar. Contr. = translated by=20 Cushing, Index, h. t.; 2 Bro. Civ. and Adm. Law, 155.

8. - 2. Seamen in the public service are governed by particular laws. =

SEAMEN'S FUND. By the act of July 16, 1798, a provision is = made for=20 raising a fund for the relief of disabled and sick seamen: the master of = every=20 vessel arriving from a foreign port into the United States is required = to pay to=20 the collector of customs at the rate of twenty cents per month for every = seaman=20 employed on board of his vessel, which sum he may, retain out of the = wages of=20 such seaman: vessels engaged in the coasting trade, and boats, rafts or = flats=20 navigating the Mississippi, with intention to proceed to New Orleans, = are also=20 laid under similar obligations. The fund thus raised is to be employed = by the=20 president of the United States as circumstances shall require, for the = benefit=20 and convenience of sick and disabled American seamen. Act of March 3, = 1802, s.=20 1.

2. By the act of congress, passed February 28, 1803, c. 62, 2 Story's = L. U.=20 S. 884, it is provided, that when a seaman is discharged in a foreign = country=20 with his own consent, or when the ship is sold there, he shall, in = addition to=20 his usual wages, be paid three months' wages into the hands of the = American=20 consul, two-thirds of which are to be paid to such seaman, on his = engagement on=20 board any vessel to return home, and the remaining one-third is retained = in aid=20 of a fund for the relief of distressed American seamen in foreign ports. = See 11=20 John. R. 66; 12 John. Rep. 143; 1 Mason, R. 45; 4 Mason, R. 541; Edw. = Adm. R.=20 239.

SEARCH, crim. law. An examination of a man's house, premises = or=20 person, for the purpose of discovering proof of his guilt in relation to = some=20 crime or misdemeanor of which be is accused.

2. The constitution of the United. States, amendments, art. 4, = protects the=20 people from unreasonable searches and seizures. 3 Story, Const. =A71895; = Rawle,=20 Const. ch. 10, p. 127; 10 John. R. 263; 11 John. R. 500; 3 Cranch, 447. =

3. By the act of March 2, 1799, s. 68, 1 Story's L. U. S. 632, it is = enacted,=20 that every collector, naval officer, and surveyor, or other person = specially=20 appointed, by either of them, for that purpose, shall have fall power = and=20 authority to enter any ship or vessel, in which they shall have reason = to=20 suspect any goods, wares, or merchandise, subject to duty, are = concealed, and=20 therein to search for, seize, and secure any such goods, wares, or = merchandise;=20 and if they shall have cause to suspect a concealment thereof in any = particular=20 dwelling house, store, building, or other place they or either of them = shall;=20 upon proper application, on oath, to any justice of the peace, be = entitled to a=20 warrant to enter such house, store, or other place, (in the day time = only, and=20 there to search for such goods; and if any shall be found, to seize and = secure=20 the same for trial; and all such goods, wares, and merchandise, on which = the=20 duties shall not have been paid, or secured to be paid, shall be = forfeited.

SEARCH, practice. An examination made in the proper lien = office for=20 mortgages, liens, judgments, or other encumbrances, against real estate. = The=20 certificate given by the officer as to the result of such examination is = also=20 called a search.

2. Conveyancers and others who cause searches to be made ought to be = very=20 careful that they should be correct, with regard, 1. To the time during = which=20 the person against whom the search has been made owned the premises. 2. = To the=20 property searched against, which ought to be properly described. 3. To = the form=20 of the certificate of search.

SEARCH, RIGHT OF, mar. law. The right existing in a = belligerent to=20 examine and inspect the papers of a neutral vessel at sea. On the = continent of=20 Europe, this is called the right of visit. Dalloz, Dict. mots Prises = Maritimes,=20 n. 104-111.

2. The right does not extend to examine the cargo; nor does it extend = to a=20 ship of war, it being strictly confined to the searching of merchant = vessels.=20 The exercise of the right is to prevent the commerce of contraband = goods.=20 Although frequently resisted by powerful neutral nations, yet this right = appears=20 now to be fixed beyond contravention. The penalty for violently = resisting this=20 right is the confiscation of the property so withheld from visitation. = Unless in=20 extreme cases of gross abuse of his right by a belligerent, the neutral = has no=20 right to resist a search. 1 Kent, Com. 154; 2 Bro. Civ. and Adm. Law, = 319; Mann.=20 Comm. B. 3, c. 11.

SEARCH WARRANT, crim. law, practice. A warrant (q. v.) = requiring the=20 officer to whom it is addressed, to search a house or other place = therein=20 specified, for property therein alleged to have been stolen; and if the = same=20 shall be found upon such search, to bring the goods so found, together = with the=20 body of the person occupying the same, who is named, before the justice = or other=20 officer granting the warrant, or some other justice of the peace, or = other=20 lawfully authorized officer. It should be given under the hand and seal = of the=20 justice, and dated.

2. The constitution of the United States, amendments, art. 4, = declares that=20 "the right of the people to be secure in their persons, houses, papers = and=20 effects, against unreasonable searches and seizures, shall not be = violated; and=20 no warrants shall issue, but upon probable cause, supported by oath or=20 affirmation, and particularly describing the place to be searched, and = the=20 person or things to be seized."

3. Lord Hale, 2 P. C. 149, 150, recommends great caution in granting = such=20 warrants. 1. That they be, not granted without oath made before a = justice of a=20 felony committed, and that the complainant has probable cause to suspect = they=20 are in such a house or place, and his reasons for such suspicion. 2. = That such=20 warrants express that the search shall be made in day time. 3. That they = ought=20 to be directed to a constable or other proper officer, and not to a = private=20 person. 4. A search warrant ought to command the officer to bring the = stolen=20 goods and the person in whose custody they are, before some justice of = the=20 peace. Vide 1 Chit. Cr. Law, 57, 64; 4 Inst. 176; Hawk. B. 2, c. 13, s. = 17, n.=20 6; 11 St. Tr; 321; 2 Wils. 149, 291; Burn's Just. h. t.; Williams' Just. = h. t.=20

SEARCHER, Eng. law. An officer of the customs, whose duty it = is to=20 examine and search all ships outward bound, to ascertain whether they = have any=20 prohibited or uncustomed goods on board.

SECK. This word has two significations. 1. It means a warrant = of=20 remedy by distress. Litt. s. 218; and vide Rent. 2. It imports want of = present=20 fruit or profit, as in the case of the reversion without rent or other = service,=20 except fealty. Co. Litt. 151 b, note 5.

SECOND. A measure equal to one sixtieth part of a minute. Vide = Measure.

SECOND DELIVERANCE, practice. The name of a writ given by = statute of=20 Westminster the second, 13 Edw. 1. c. 2, founded on the record of a = former=20 action of replevin. 2 Inst. 341. It commands the sheriff, if the = plaintiff make=20 him secure of prosecuting his claim, and returning the chattels which = were=20 adjudged to the defendant by reason of the plaintiff's default, to make=20 deliver-ance. On being nonsuited, the plaintiff in replevin might, at = common=20 law, have brought another replevin, and so in infinitum, to the = intolerable=20 vexation of the defendant. The statute of Westminster restrains the = plaintiff=20 When nonsuited from so doing, but allows him this writ, issuing out of = the=20 original record, in order to have the same distress delivered again to = him, on=20 his giving the like security as before. 3 Bl. Com. 150,; Hamm. N. P. = 495; F. N.=20 B. 68; 19 Vin. Ab. 1.

SECOND SURCHARGE, WRIT OF. The name of a writ issued in = England=20 against a commoner who has a second time surcharged the common. 3 Bl. = Com. 239.=20

SECONDARY, construction. That which comes after the first, = which is=20 primary: as, the primary law of, nations the secondary law of nations. =

SECONDARY, English law. An officer who is second or next to = the chief=20 officer; as secondaries to the prothonotaries of the courts of king's = bench, or=20 common pleas; secondary of the remembrancer in the exchequer, &c. = Jacob, L.=20 D. h. t.

SECONDARY EVIDENCE. That species of proof which is admissible = on the=20 loss of primary evidence, and which becomes, by that event, the best = evidence. 3=20 Bouv. Inst. n. 3055.

SECONDS, crim. law. Those persons who assist, direct and = support=20 others engaged in fighting a duel.

2. As they are often much to blame in inciting the duellists to their = rash=20 act, and as they are always assisting in the commission of the crime, = the laws=20 generally punish them with severity but, in consequence of the false = ideas too=20 generally entertained on the subject of honor, the are too seldom = enforced.

SECRET. That which is not to be revealed.

2. Attorneys and counsellors, who have been trusted professionally = with the=20 secrets of their clients, are not allowed to reveal them in a court of = justice.=20 The right of secrecy belongs to the client, and not to the attorney and=20 counsellor.

3. As to the matter communicated, it extends to all cases where the = client=20 applies for professional advice or assistance; and it does not appear = that the=20 protection is qualified by any reference to proceedings pending or in=20 contem-plation. Story, Eq. Pl. =A7600; 1 Milne & K. 104; 3 Sim. R. = 467.

3. Documents confided professionally to the counsel cannot be = demanded,=20 unless indeed the party would himself be bound to produce them. Hare on = Discov.=20 171. Grand jurors are sworn the commonwealth's secrets, their fellows = and their=20 own to keep. Vide Confidential comunications; Witness.

SECRET, rights. A knowledge of something which is unknown to = orthers,=20 out of which a profit may be made; for example, an invention of a = machine, or=20 the discovery of the effect of the combination of certain matters.

2. Instances have occurred of secrets of that kind being kept for = many years,=20 but they are liable to constant detection. As such secrets are not = pro-perty,=20 the possessors of them in general prefer making them public, and = securing the=20 exclusive right for years, under the patent laws, to keeping them in an = insecure=20 manner, without them. See Phil. on Pat. ch. 15; Gods. on Pat. 171; Dav. = Pat.=20 Cas. 429; 8 Ves. 215; 2 Ves. & B. 218; 2 Mer. 446; 3 Mer. 157; 1 = Jac. &=20 W. 394; 1 Pick. 443; 4 Mason, 15; 3 B. & P. 630.

SECRETARY. An officer who, by order of his superior, writes = letters=20 and other instruments. He is so called because he is possessed of the = secrets of=20 his employer. This term wag used in France in 1343, and in England the = term=20 secretary was first applied to the clerks of the king, who being always = near his=20 person were called clerks of the secret, and in the reign of Henry VIII. = the=20 term secretary of state came into it.

SECRETARY OF EMBASSY or OF LEGATION. An officer appointed by = the=20 sovereign power, to accompany a minister of first or secoud rank, and = sometimes,=20 though not often, of an inferior rank. He is, in fact, a species of = public=20 minister; for independently of his protection as attached to an = ambassador's=20 suite, be enjoys, in his own rights, the same protection of the law of = nations,=20 and the same immunities as an ambassador. But private secretaries of a = minister=20 must Dot be confounded with secretaries of embassy or of legation. Such = private=20 secretaries are entitled to protection only as belonging to the suite of = the=20 ambassador.

2. The functions of a secretary of legation consist in his employment = by his=20 minister for objects of ceremony; in making verbal reports to the = secretary of=20 state, or other foreign ministers; in taking care of the archives of the = mission; in ciphering and deciphering despatches; in sometimes making = rough=20 draughts of the notes or letters whicb the minister writes to his = colleagues or=20 to the local authorities; in drawup proces verbaux; in presenting = passports to=20 the minister for his signature, and delivering them to the persons for = whom they=20 are intended; and, finally, in assisting the minister, under whom be is = placed,=20 in everything concerning the affairs of the mission. In the absence of = the=20 minister he is admitted to conferences and to present notes signed by = the=20 minister. Vide Ambassador; Minister; Suite.

SECRETARY OF LEGATION. An officer employed to attend a foreign = mission, and to perform certain duties as clerk.

2. His salary is fixed by the act of congress of May 1, 1810, s. 1, = at such a=20 sum as the president of the United States may allow, not exceeding two = thousand=20 dollars.

3. The salary of a secretary of embassy, or the secretary of a = minister=20 plenipotentiary, is the same as that of a secretary of legation.

SECRETARY OF THE NAVY, government. This officer is appointed = by the=20 president. His duties are to execute all such orders as he shall receive = from=20 the president, relative to the procurement of naval stores and = materials, and=20 the construction, armament, equipment and employment of vessels of war; = as well=20 as all other matters connected with the naval establishment of the = United=20 States; act of 30th April, 1798, s. 1, 1 Story's Laws, 498; he appoints = his own=20 clerks and subordinate officers. Various other duties are imposed upon = him by=20 sundry acts of congress. Vide Gordon's Dig. art. 370 to 375.

2. His salary is six thousand dollars. Act of 20th Feb. 1819, 3 = Story's Laws,=20 1720.

SECRETARY OF STATE OF THE UNITED STATES, government. The = principal=20 officer in the Department of State. (q. v.) He shall perform such duties = as=20 shall be enjoined on or entrusted to him by the president, agreeably to = the=20 constitution, refative to the correspondences, commissions or = instructions to or=20 with public ministers or consuls from the United States, or to = negotiations with=20 foreign states or princes, or to memorials or other applications from = foreign=20 public ministers or foreigners, or to such other matters respecting = foreign=20 affairs as the president of the United States shall assign to such = department.=20 The secretary shall conduct the business of his department in such = manner as the=20 president shall, from time to time, order or instruct. Act of 27th July, = 1789=20 act of 15th Sept: 1789, s. 1. Besides these general laws, there are = various,=20 others which impose upon him inferior and less important duties.

2. His salary is six thousand dollars per annum. Act of 20th Feb. = 1819.

SECRETARY OF THE TREASURY OF THE UNITEE STATES, government. An = officer=20 appointed by the president. His principal duties are, 1. To superintend = the=20 collection of the revenue. 2. To digest, prepare, and lay before = congress at the=20 commencement of every session, a report on the subject of finance. 3. To = annex=20 to the annual estimates of the appropriations required for the public = service, a=20 statement of the appropriations for the service of the year, which may = have been=20 made by former acts. 4. To give information to either house of congress, = respecting all matters connected with his office. Besides these, there = are other=20 minor duties imposed upon him by various acts of congress.

2. His salary is six thousand dollars. Gord. Dig. art. 249 to 262. =

SECRETARY FOR THE DEPARTMENT OF WAR, government. This officer = is=20 appointed by the president. He is required to perform and execute such = duties as=20 shall, from time to time, be enjoined on or entrusted to him by the = president,=20 agreeably to the constitution, relative to military commissions or to = the land=20 forces, or warlike stores of the United States, or to such other matters = respecting military affairs as the president shall assign to the = department of=20 war, (q. v.) or relative to granting of lands to persons entitled = thereto for=20 military services rendered to the United States, or relative to Indian = affairs.=20 Act of 27th Aug., 1789, 1 Story's Laws, 31.

2. His salary is six thousand dollars per annum. Act of 20th Feb. = 1819, 3=20 Story's Laws, 1720.

3. Various other duties are imposed upon the secretary by sundry acts = of=20 congress. Vide Laws, Index, Departments, &c.; Gordon's Dig. art. 368 = to 382.=20

SECTA pleading. In ancient times the plaintiff was required to = establish the truth of his declaration in the first instance, and before = it was=20 called in question, upon the pleading, by the simultaneous production of = his=20 secta, that is, a number of persons prepared to confirm his allegations. = Bract.=20 214, a.

2. The practice of thus producing a secta, gave rise to the very. = ancient=20 formula almost invariably used at the conclusion of a declaration, as = entered on=20 the record, et inde producit sectam; and, though the actual production = has, for=20 many centuries, fallen into disuse, the formula still remains. = Accordingly,=20 except the count on a writ of right, and in dower, all declarations = constantly=20 conclude thus, "And therefore he brings his suit, &c. The count on a = writ of=20 right did not, in ancient times, conclude with the ordinary production = of suit,=20 but with the following formula peculiar to itself, "Et quod tale sit jus = suum=20 offert disrationare per corpus, talis liberi hominis, &c., and it = concludes,=20 at the present day, with an abbreviated. translation of the same phrase: = "And,=20 that such is his right, he offers," &c. The count in dower is an = exception=20 to the rule in question, and concludes without any production of suit, a = peculiarity which appears always to have belonged to that action. Steph. = Pl.=20 427, 8; 3 Bl. Com. 395; Gilb. C. P. 48; 1 Chit. Pl. 399.

SECTION OF LAND. The lands of the United States are surveyed = into=20 parcels of six hundred and forty acres; each such parcel is called a = section. 1=20 Story's L. U. S. 422.

2. These sections are divided into half sections, each of which = contains=20 three hundred and twenty acres, and into quarter sections of one hundred = and=20 sixty acres each.

SECTORES. Among the Romans the bidders at an auction were so = called.=20 Bab. on Auct. 2.

TO SECURE. To protect, insure, or save a right.

2. The constitution of the United States, art. 1, s. 8, gives power = to=20 congress "to promote the progress of science and the useful arts by = securing,=20 for Iimited times, to authors and inventors the exclusive right to their = respective writings and discoveries." The inventor of a machine has the = right to=20 it exclusively at common law, and the author a right to his manuscript. = But they=20 may abandon the, right by publishing the book without having secured a=20 copy-right, (q. v.) or by using publicly the machine, and suffering = others to=20 use it, without having obtained a patent. (q. v.) Vide Secret.

SECURITY. That which renders a matter sure; an instrument = which=20 renders certain the performance of a contract. The term is also = sometimes=20 applied to designate a person who becomes the surety for another, or who = engages=20 himself for the performance of another's contract. See 3 Blackf. R. 431. =

SECURITY FOR COSTS, practice. In some courts there is a rule = that when=20 the plaintiff resides abroad he shall give security for costs, and until = that=20 has been done, when demanded, he cannot proceed in his action.

2. This is a right which the defendant must claim in proper time, for = if he=20 once waives it, he cannot afterwards claim it; the waiver is seldom, or = perhaps=20 never expressly made, but is generally implied from the acts of the = de-fendant.=20 When the defendant had undertaken to accept short notice of trial; 2 = Hen. Bl.=20 573; 3 Taunt. 272 or after issue joined, and when he knew of = plain-tiff's=20 residence abroad; or, with such knowledge, when the defendant takes any = step in=20 the cause these several acts will amount to a waiver. 5 Bar & Ald. = 702; S.=20 C. 1 Dow. & Ryl. 348; 1 M. & P. 30; S. C. 17 E. C. L. R. 164. = Vide 3=20 John. Ch. R. 520; 1 John. Ch. Rep. 202; 1 Ves. jun. 396.

3. The fact that the defendant is out of the jurisdiction of the = court, will=20 not, alone, authorize the requisition of security for costs; he must = have his=20 domicil abroad. 1 Ves. jr. 396. When, the defendant resides abroad, he = will be=20 required to give such security, although he is a foreign prince. 33 E. = C. L.=20 Rep. 214. Vide 11 S. & Rawle, 121 1 Miles, R. 321; 2 Miles, 402. =

SECUS. Otherwise.

SEDITION, crimes. The raising commotions or disturbances in = the state;=20 it is a revolt against legitimate authority, Ersk. Princ. Laws, Scotl. = b. 4, t.=20 4, s. 14; Dig. Lib. 49, t. 16, 1. 3, =A719.

2. The distinction between sedition and treason consists in this, = that though=20 its ultimate object is a violation of the public peace, or at least such = a=20 course of measures as evidently engenders it, yet it does not aim at = direct and=20 open violence against the laws, or the subversion of the constitution. = Alis.=20 Crim. Law of Scotl. 580.

3. The. obnoxious and obsolete act of July 14, 1798, 1 Story's Laws = U. S.=20 543, was called the sedition law, because its professed object was to = prevent=20 disturbances.

4. In the Scotch law, sedition is either verbal or real. Verbal is = inferred=20 from the uttering of words tending to create discord between the king = and his=20 people; real sedition is generally committed by convocating together any = considerable number of people, without lawful authority, under the = pretence of=20 redressing some public grievance, to the disturbing of the public peace. = 1 Ersk.=20 ut supra.

SEDUCTION. The offence of a man who abuses the simplicity and=20 confidence of a woman to obtain by false promises what she ought not to = grant.=20

2. The woman being particeps criminis, has no remedy for the mere = seduction,=20 nor is there, to the discredit of the law, a direct remedy in her = parents. The=20 seducer may be sued, though not. directly or ostensibly for the = seduction; but=20 for the consequent inability to perform those services for which she was = accountable to her master, or to her parent, who, for this purpose, is = obliged=20 to assume that less endearing relation; and if it cannot be proved that = she=20 filled that office, the action cannot be sustained. 7 Mann. & Gr. = 1033. It=20 follows, therefore, that when the daughter is of full age, and the = father is not=20 entitled to her services, and actually, she is not in his service, the = father=20 can maintain no action for the seduction. 5 Harr. & J. 27; 1 Wend. = 447; 3=20 Pennsyl. 49; 10 John. 115. Vide 2 Watts 474; 9 John. 387; 2 Wend. 459; 5 = Cowen=20 106; 2 Penn. 583; 6 Munf. 587; 2 A. K. Marsh. 128; 2 Overt. 93; 9 John. = R. 387;=20 2 New Reports, 476; 6 East, 887; Peake's Rep. 253; 11 East, 24; 5 East, = 45; 2 T.=20 R. 4; 2 Selw. N. P. 1001; 2 Phil. Ev. 156; 3 Chitt. Bl. Com. 140, n.; 7 = Com.=20 Dig. 318; 6 M. & W. 55.

SEEDS. The substance which nature prepares for the = reproduction of=20 plants or animals.

2. Seeds which have been sown in the earth immediately become a part = of the=20 land in which they have been sown; quae sata solo cedere intelliguntur. = Inst. 2,=20 1, 32.

SEIGNIOR or SEIGNEUR. Among the feudists, this name signified = lord of=20 the fee. F. N. B. 23. The most extended signification of this word = includes not=20 only a lord or peer of parliament, but is applied to the owner or = proprietor of=20 a thing; hence, the owner of a hawk, and the master of a fishing vessel, = is=20 called a seigneur. 37 Edw. Ill. c. 19; Barr. on the Stat. 258.

SEIGNIORY, Eng. law. The rights of a lord as such, in lands. = Swinb.=20 174.

SEISIN, estates. The possession of an estate of freebold. 8 N. = H. Rep.=20 57; 3 Hamm. 220; 8 Litt. 134; 4 Mass. 408. Seisin was used in = contradistinction=20 to that precarious kind of possession by which tenants in villenage held = their=20 lands, which was considered to be the possession of their lords in, whom = the=20 freehold continued.

2. Seisin is either in fact or in law.

3. Where a freehold estate is conveyed to a person by feoffment, with = livery=20 of seisin, or by any of those conveyances which derive their effect from = the=20 statute of uses, he acquires a seisin in deed or in fact, and a freehold = in=20 deed: but where the freehold comes to a person by act of law, as by = descent, he=20 only acquires a seisin in law, that is, a right of possession, and = his-estate is=20 called a freehold In law.

4. The seisin in law, which the heir acquires on the death of his = ancestor,=20 May be defeated by the entry of a stranger, claiming a right to the = land, which=20 is called an abatement. (q. v.)

5. The actual seisin of an estate may be lost by the forcible entry = of a=20 stranger who thereby ousts or dispossesses the owner this act is called = a=20 disseisin. (q. v.)

6. According to Lord Mansfield, the various alterations which have = been made=20 in the law for the last three centuries, "have left us but the name of=20 feoffment, seisin, tenure, and, freeholder, without any precise = knowledge of the=20 thing originally signified by these sounds."

7. In the United States, a conveyance by deed executed and = acknowledged, and=20 properly recorded according to law, and the descent cast upon the heir = are, in=20 general, considered as a seisin in deed without entry; and a grant by = letters-=20 patent from the commonwealth has the same effect. 4 Mass. R. 546; 7 = Mass. R.=20 494; 15. Mass. R. 214 1 Munf. R. 17O. The recording of a deed is = equivalent to=20 livery of seisin. 4 Mass. 546.

8. In Pennsylvania, Connecticut, Massachusetts and Ohio, seisin means = merely,=20 ownership, and the distinction between seisin in deed and in law is not = known in=20 practice. Walk. Intr. 324, 330; 1 Hill. Abr. 24 4 Day, R. 305; 4 Mass.; = R. 489=20 14 Pick. R. 224. A patent by the commonwealth, in Kentucky, gives a, = right=20 entry, but not actual seisin. 3 Bibb, Rep. 57. Vide 1 Inst. 31; 19 Vin. = Ab. 306;=20 Dane's Abr. c. 104, a. 3; 4 Kent, Com. 2, 381; Cruise's Dig. t. 1, = =A723; Toull.=20 Dr. Civ. Fr. liv. 3, t. 1, c. 1, n. 80; Poth. Traite des Fiefs, part 1, = c. 2; 3=20 Sumn. R. 170. Vide Livery of Seisin.

SEIZURE, practice. The act of taking possession of the = property of a=20 person condemned by the judgment of a competent tribunal, to pay a = certain sum=20 of money, by a sheriff, constable, or other officer, lawfully authorized = thereto, by virtue of an execution, for the purpose of having such = property sold=20 according to law to satisfy the judgment. By seizure is also meant the = taking=20 possession of goods for a violation of a public law; as the taking = possession of=20 a ship for attempting an illicit trade. 2 Cranch, 18 7; 6 Cowen, 404; 4 = Wheat.=20 100; 1 Gallis. 75; 2 Wash. C. C. 127, 567.

2. The seizure is complete as soon as the goods are within the power = of the=20 officer. 3 Rawle's Rep. 401; 16 Johns. Rep. 287; 2 Nott & McCord, = 392; 2=20 Rawle's Rep. 142; Wats. on Sher. 172; Com. Dig. Execution, C 5.

3. The taking of part of the goods in a house, however, by virtue of = a fieri=20 facias in the name of the whole, is a good seizure of all. 8 East, R. = 474. As=20 the seizure must be made by virtue of an execution, it is evident that = it cannot=20 be made after the return day. 2 Caine's Rep. 243; 4 John. R. 450. Vide = Door;=20 House; Search Warrant.

SELECTI JUDICES. Judges among the Romans who were selected = very much=20 like our juries. They were returned by the praetor, drawn by lot, = subject to be=20 challenged and sworn. 3 Bl. Com. 366.

SELF-DEFENCE, crim. law. The right to protect one's person and = property from injury.

2. It will be proper to consider, 1. The extent of the right of = self-defence.=20 2. By whom it may be exercised. 3. Against whom. 4. For what causes. =

3. - 1. As to the extent of the right, it may be laid down, first, = that when=20 threatened violence exists, it is the duty of the person threatened to = use all,=20 prudent and precautionary measures to prevent the attack; for example, = if by=20 closing a door which was usually left open, one could prevent an attack, = it=20 would be prudent, and perhaps the law might require, that it should be = closed,=20 in order to preserve the peace, and the aggressor might in such case be = held to=20 bail for his good behaviour; secondly, if, after having taken such = proper=20 precautions, a party should be assailed, he may undoubtedly repel force = by=20 force, but in most instances cannot, under the pretext that he has been=20 attacked, use force enough to kill the assailant or hurt him after he = has=20 secured himself from danger; as, if a person unarmed enters a house to = commit a=20 larceny, while there he does not threaten any one, nor does any act = which=20 manifests an intention to hurt any one, and there are a number of = persons=20 present, who may easily secure him, no one will be justifiable to do him = any=20 injury, much less to kill him; he ought to be secured and delivered to = the=20 public authorities. But when an attack is made by a thief under such=20 circumstances, and it is impossible to ascertain to what extent he may = push it,=20 the law does not requite the party assailed to weigh with great nicety = the=20 probable extent of the attack, and he may use the most violent means = against his=20 assailant, even to the taking of his life. For homicide may be excused, = se=20 defendendo, where a man has no other probable means of preserving his = life from=20 one who attacks him, while in the commission of a felony, or even on a = sudden=20 quarrel, he beats him, so that he is reduced to this inevitable = necessity. Hawk.=20 bk. 2, c. 11, s. 13. And the reason is that when so reduced, he cannot = call to=20 his aid the power of society or of the commonwealth, and, being = unprotected by=20 law, he reassumes his natural rights, which the law sanctions, of = killing his=20 adversary to protect himself. Toull. Dr. Civ. Fr. ]iv. 1, tit. 1, n. = 210. See=20 Pamph. Rep. of Selfridge's Trial in 1806 2 Swift's Ev. 283.

4. - 2. The party attacked may undoubtedly defend himself, and the = law=20 further sanctions the mutual and reciprocal defence of such as stand in = the near=20 relations of hushand and wife, patent and child, and master and servant. = In=20 these cases, if the party himself, or any of these his relations, be = forcibly=20 attacked in their person or property, it is lawful for him to repel = force by=20 force, for the law in these cases respects the passions of the human = mind, and=20 makes, it lawful in him, when external violence is offered to himself, = or to=20 those to whom he bears so near a connexion, to do that immediate justice = to=20 which he is prompted by nature, and which no prudential motives are = strong=20 enough to restrain. 2 Roll. Ab. 546; 1 Chit. Pr. 592.

5. - 3. The party making the attack may be resisted, and if several = persons=20 join in such attack they may all be resisted, and one may be killed = although he=20 may not himself have given the immediate cause for such killing, if by = his=20 presence and his acts, he has aided the assailant. See Conspiracy.

6. - 4. The cases for which a man may defend himself are of two = kinds; first,=20 when a felony is attempted, and, secondly, when, no felony is attempted = or=20 apprehended.

7. - 1st. A man may defend himself, and even commit a homicide for = the=20 prevention of any forcible and atrocious crime, which if completed would = amount=20 to a felony; and of course under the like circumstances, mayhem, = wounding and=20 battery would be excusable at common law. 1 East, P. C. 271; 4 Bl. Com. = 180. A=20 man may repel force by force in defence of his person, property or = habitation,=20 against any one who manifests, intends, attempts, or endeavors, by = violence or=20 surprise, to commit a forcible felony, such as murder, rape, robbery, = arson,=20 burglary and the like. In these cases he is not required to retreat, but = he may=20 resist, and even pursue his adversary, until he has secured himself from = all=20 danger.

8. - 2d. A man may defend himself when no felony has been threatened = or=20 attempted; 1. When the assailant attempts to beat another and there is = no mutual=20 combat; as, where one meets another and attempts to commit or does = commit an=20 assault and battery on him, the person attacked may defend himself; and = an offer=20 or, attempt to strike another, when sufficiently near, so that that = there is=20 danger, the person assailed may strike first, and is not required to = wait until=20 he has been struk. Bull. N. P. 18; 2 Roll. Ab. 547. 2. When there is a = mutual=20 combat upon a sudden quarrel. In these cases both parties are the = aggressors;=20 and if in the fight one is killed it will be manslaughter at least, = unless the=20 survivor can prove two things: 1st. That before the mortal stroke was = given be=20 had refused any further combat, and had retreated as far as he could = with=20 safety; and 2d. That he killed his adversary from necessity, to avoid = his own=20 destruction.

9. A man may defend himself against animals, and he may during the = attack=20 kill them, but not afterwards. 1 Car. & P. 106; 13 John. 312; 10 = John. 365.=20

10. As a general rule no man is allowed to defend himself with force = if he=20 can apply to the law for redress, and the law gives him a complete = remedy, See=20 Assault; Battery; Necessity; Trespass.

SELECTMEN. The name of certain officers in several of the = United=20 States, who are invested by the statutes of the several states with = various=20 powers.

SELLER, contracts. One who disposes of a thing in = consideration of=20 money; a

vendor.

2. This term is more usually applied in the sale of chattels, that of = vendor=20 in the sale of estates.

3. The duties of the seller are, 1. To deal with fairness. 2. To = deliver the=20 thing sold at the time and place appointed, and to take care of it until = deli-very; but when everything the seller has to do with the goods is = complete,=20 the property and the risk of accident to the goods, rests in the buyer, = even=20 before delivery, or payment. Noy's Max. ch. 24; 7 East, 571; 2 Bl. Com. = 448. 3.=20 To warrant the title of personal property when he sells it as his own, = when it=20 is in his possession. 2 Kent, Com. 374; 1 Lord Raym. 593; 1 Salk. 210. =

4. The rights of the seller are, 1. To be paid the price agreed upon. = 2. To=20 be indemnified for any expenses he may have incurred to preserve the = thing sold=20 for the buyer, after the title to it has passed to the latter. 3. To = stop the=20 thing in transitu when the buyer has failed and the price has not been = paid .=20 See Stoppage, in transitu. Vide Purchaser, and the authorities there = cited;=20 Bouv. Inst. Index, h. t.

SEMBLE. A French word which signifies, it seems. It is = commonly used=20 before the statement of a point of law which has not been directly = settled; but=20 about which the court have expressed an opinion, and intimated what it = is.

SEMI-PROOF, civ. law. Presumptions of fact are so called. This = degree=20 of proof is thus deaned: "Non est ignorandum, probationem semiplenam eam = esse,=20 per quam rei gestae fides aliqua fit judici; non tamen tanta ut jure = debeat in=20 pronuncianda sententia eam sequi." Mascardus, De Prob. vol. 1, Quaest. = 11, n. 1,=20 4.

SEMINAUFRAGIUM. A term used by Italian lawyers, which = literally=20 signifies half-shipwreck, and by which they understand the jetsam, or = casting=20 merchan-dise into the sea to prevent shipwreck. Locre, Esp. du Code de = Com. art.=20 409. It also signifies the state of a vessel which has been so much = injured by=20 tem-pest or accident, that to repair the damages, after being brought = into port,=20 and prepare her for sea, would cost more than her worth. 4 Law Rep. 120. =

SEMPER PARATUS. The name of a plea by which the defendant = alleges that=20 he has always been ready to perform what is demanded of him. 3 Bl. Com. = 303. The=20 same as Tout temps prist. (q. v.)

SEN. This is said to be an ancient word which signified = justice. Co.=20 Litt. 61 a.

SENATE, government. The less numerous branch of the = legislature.

2. The constitution of the United States, article 1, s. 3, cl. 1, = directs=20 that "the senate of the United States shall be composed of two senators = from=20 each state, chosen by the legislature thereof for six years; and each = senator=20 shall have one vote." The vice president of the United States," to use = the=20 language of the constitution, art. 1, s. 3, cl. 4, "shall be president = of the=20 senate, but shall have no vote unless they be equally divided." In the = senate=20 each state in its political capacity, is represented, upon a footing of = perfect=20 equality, like a congress of sovereigns or ambassadors, or like an = assembly of=20 peers. It is unlike the house of representatives. where the people are=20 represented. Story, Const. ch. 10.

3. The senate of the United States is invested with legislative, = executive=20 and judicial powers.

4. - 1. It is a legislative body whose concurrence is requisite to = the=20 passage of every law. It may originate any bill, except those for = raising=20 rev-enue, which shall originate in the house of representatives; but the = senate=20 may propose or concur with amendments as on other bills. Const. art. 1, = s. 7,=20 el. I.

5. - 2. The senate is invested with executive authority in concluding = treaties and making appointments. Vide President of the United States of = America.

6. - 3. It is invested with judicial power when it is formed into a = court for=20 the trial of impeachments. See Courts of the United States.

7. In most of the states the less numerous branch of the legislature = bears=20 the title of senate. In such a body the people are represented as well = as in the=20 other house. Vide article Congress; and, for the senates of the several = states,=20 the name of each state. See, also, articles Courts of the United States, = I;=20 House of Representatives; Vice-President of the United States.

SENATOR, government. One who is a member of a senate.

2. No person shall be a senator [of the national senate] who shall = not have=20 attained the age of thirty years, and been nine years a citizen of the = United=20 States and who shall not when elected, be an inhabitant of that state = for which=20 he shall be chosen. Const. U. S. art. 1, s. 3, cl. 5. Vide 1 Kent, Com. = 224=20 Story on the Const. 726 to 730.

SENATUS CONSULTUM, civ. law. A decree or decision of the Roman = senate,=20 which had the force of law.

2. When the Roman people had so increased that there was no place = where they=20 could meet, it was found necessary to consult the senate instead of the = people,=20 both on public affairs and those which related to individuals. The = opinion which=20 was rendered on such an occasion was called senatus consultum. Inst. 1, = 2, 5;=20 Clef des Lois Rom. h. t.; Merl. Repert. h. t. These decrees frequently = derived=20 their titles from the names of the consuls or magistrates who proposed = them; as,=20 senatus-consultum Claudianum, Libonianum, Velleianum, &c. from = Claudius,=20 Libonius, Valleius. Ail. Pand. 30.

SENESCHALLUS. A steward. Co. Litt. 61 a.

SENILITY. The state of being old.

2. Sometimes in this state it is exceedingly difficult to know = whether the=20 individual is or is not so deprived of the powers of his mind as to be = unable to=20 manage his affairs. In general, senility of energy in some of the = intellectual=20 operations, while the affections remain natural and unperverted; such a = state=20 may, however, be followed by actual dementia or idiocy.

3. When on account of senility the party is unable to manage his = affairs, a=20 committee will be appointed as in case of lunacy. 1 Coll. on Lunacy, 66; = 2 John.=20 Ch. R. 232; 12 Ves. 446; 4 Call's R. 423; 5 John. Ch. R. 158; 8 Mass. = 129; 2=20 Ves. sen. 407; 19 Ves. 285; 2 Cyclop. of Pract. Med. 872. See Aged = Witness.

SENIOR. The elder. This addition is sometimes made to a man's = name,=20 when two persons bear the same, in order to distinguish them. In = practice when=20 nothing is mentioned, the senior is intended. 3 Miss. R. 59. See Junior. =

SENTENCE. A judgment, or judicial declaration made by a judge = in a=20 cause. The term judgment is more usually applied to civil, and sentence = to=20 criminal proceedings.

2. Sentences are final, when they put, an end to the case; or = interlocutory,=20 when they settle only some incidental matter which has arisen in the = course of=20 its progress. Vide Aso & Man. Inst. B. 3, t. 8, c. 1.

SEPARALITER. Separately.

2. This word is sometimes used in indictments to show that the = defendants are=20 charged separately with offences, which, without the addition of this = word,=20 would seem, from the form of the indictment, to be charged jointly; as, = for=20 example, when two persons are indicted together for perjury, and the = indictment=20 states that A and B came before a commissioner, &c., this is = alleging that=20 they were both guilty of the same crime, when by law their crimes are = distinct,=20 and the indictment is vicious; but if the word separaliter is used, then = the=20 affirmation is that each was guilty of a separate offence. 2 Hale, P. C. = 174.=20

SEPARATE ESTATE. That which belongs to one only of several = persons;=20 as, the separate estate of a partner, which does not belong to the = partnership.=20 2 Bouv. Inst. n. 1519.

2. The separate estate of a married woman, is that which belongs to = her, and=20 over which her hushand has no right in equity. It may consist of lands = or=20 chattels. 4 Barb. S. C. Rep. 407; 1 Const. R. 452; 4 Bouv. Inst. n. = 3996.

SEPARATE MAINTENANCE, contracts. An allowance made by a = hushand to his=20 wife for her separate support and maintenance.

2. When this allowance is regularly paid, and notice of it has been = given, no=20 person who has received such notice will be entitled to recover against = the=20 hushand for necessaries furnished to the wife, because the liability of = the=20 hushand, depends on a presumption of authority delegated by him to the = wife,=20 which is negatived by the facts of the case. 2 Stark. Ev. 699.

SEPARATE TRIAL, practice. The trial of one person by himself, = when he=20 is jointly indicted with others for an alleged offence.

2. On a joint indictment against two or more defendants for a crime = of=20 misdemeanor, it is in the discretion of the court whether to allow a = separate=20 trial for each prisoner, or to order the whole of them to be tried = together. 1=20 Baldw. Rep. 81; 12 Wheat. 480; 5 Serg. & Rawle, 60; but see 1 Pet., = C. C.=20 Rep. 118.

SEPARATION, contracts. When the hushand and wife agree to live = apart=20 they are said to have made a separation.

2. Contracts of this kind are generally made by the hushand for = himself and=20 by the wife with trustees. 4 Paige's R. 516; 3 Paige's R. 483; 5 Bligh, = N. S.=20 339; 1 Dow & Clark, 519. This contract does not affect the marriage, = and the=20 parties may, at any time agree to live together as hushand and wife. The = hushand=20 who has agreed to a total separation cannot bring an action for criminal = conversation with the wife. Roper, Hush. and Wife, passim; 4 Vin. Ab. = 173; 2=20 Stark. Ev. 698; Shelf. on Mar. & Div. ch. 6, p. 608.

3. Reconciliation after separation supersedes special articles of = separation=20 in courts of law and equity. 1 Dowl. P. C. 245; 2 Cox, R. 105; 3 Bro. C. = C. 619,=20 n.; 11 Ves. 532. Public policy forbids that parties should be permitted = to make=20 agreements for themselves to hold good whenever they choose to live = separate. 5=20 Bligh, N. S. 367, 375; and see 1 Carr. & P. 36. See 5 Bligh, N. S. = 339; 2=20 Dowl. P. C. 332; 2 C. & M. 388; 3 John. Ch. R. 521; 2 Sim. & = Stu. 372; 1=20 Edw. R. 380; Desaus. R. 45, 198; 1 Y. & C. 28; 11 Ves. 526; 2 East, = R. 283;=20 8 N. H. Rep. 350; 1 Hoff. R. 1.

SEPULCHRE. The place where a corpse is buried. The violation = of=20 sepulchres is a misdemeanor at common law. Vide Dead bodies.

TO SEQUESTER, civil and eccles. law. To renounce. Example, = when a=20 widow comes into court and disclaims having anything to do, or to = intermeddle=20 with her deceased hushand's estate, she is said to sequester. Jacob, L. = D. h. t.=20

SEQUESTRATION, chancery practice. The process of sequestration = is a=20 writ of commission, sometimes directed to the sheriff, but most usually, = to four=20 or more commissioners of the complainant's own nomination, authorizing = them to=20 enter upon the real or personal estate of the defendant, and to take the = rents,=20 issues and profits into their own hands, and keep possession of, or pay = the same=20 as the court shall order and direct, until the party who is in contempt = shall do=20 that which he is enjoined to do, and which is specially mentioned in the = writ. 1=20 Harr. Ch. 191; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103.

2. Upon the return of non est inventus to a commission of rebellion, = a=20 ser-geant-at-arms may be moved for; and if he certifies that the = defendant=20 cannot be taken, a motion may be made upon his certificate, for an order = for a=20 sequestration. 2 Madd. Chan. 203; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103. =

3. Under a sequestration upon mesne process, as in respect of a = contempt for=20 want of appearance or answer, the sequestrators may take possession of = the=20 party's personal property and keep him out of possession; but no sale = can take=20 place, unless perhaps to pay expenses; for this process is only to form = the=20 foundation of taking the bill pro confesso. After a decree it may be = sold. See 3=20 Bro. C. C. 72; 2 Cox, 224; 1 Ves. jr. 86; 3 Bro. C. C. 372; 2 Madd. Ch. = Pr. 206.=20 See, generally, as to this species of sequestration, 19 Vin. Abr. 325; = Bac. Ab.=20 h. t.; Com.; Chancery, D 7, Y 4; 1 Hov. Supp. to Ves. jr. 25 to 29; 1 = Vern. by=20 Raith. 58, note 1; Id. 421, note 1.

SEQUESTRATION, contracts. A species of deposit, which two or = more=20 persons, engaged in litigation about anything, make of the thing in = contest to=20 an indifferent person, who binds himself to restore it when the issue is = decided, to the party to whom it is adjudged to belong. Louis. Code, = art. 2942;=20 Story on Bailm: =A745. Vide 19 Vin. Ab. 325; 1 Supp. to Yes. jr. 29; 1 = Vern. 58,=20 420; 2 Ves. jr. 23; Bac. Ab. h. t. 2. This is called a conventional=20 sequestration, to distinguish it from a judicial sequestration, which is = considered in the preceding article. Sec Dalloz, Dict. mot Sequestre. =

SEQUESTRATION, Louisiana practice. The Code of Practice in = civil cases=20 in Louisiana, defines and makes the following provisions on the subject = of=20 sequestration. Art. 269. Sequestration is a mandate of the court, = ordering the=20 sheriff, in certain cases, to take in his possession, and to keep a = thing of=20 which another person has the possession, until after the decision of a = suit, in=20 order that it be delivered to him who shall be adjudged entitled to have = the=20 property or possession of that thing. This is what is properly called a = judicial=20 sequestratian. Vide 1 Mart. R. 79; 1 L. R. 439; Civil Code of Lo. 2941; = 2948.=20

2. - Art. 270. In this acceptation, the word sequestration does not = mean a=20 judicial deposit, because sequestration may exist together with the = right of=20 administration, while mere deposit does not admit it.

3. - Art. 271. All species of property, real or personal, as well as = the=20 revenue proceeding from the same, may be sequestered.

4. - Art. 272. Obligations and titles may also be sequestered, when = their=20 ownership is in dispute.

5. - Art. 273. Judicial sequestration is generally ordered only at = the=20 request of one of the parties to a suit; there are cases, nevertheless, = where it=20 is decreed by the court without such request, or is the consequence of = the=20 execution of judgments.

6. - Art. 274. The court may order, ex officio, the sequestration of = real=20 property in suits, where the ownership of such property is in dispute = and when=20 one of the contending parties does not seem to have a more apparent = right to the=20 possession than the other. In such cases, sequestration may be ordered = to=20 continue, until the question of ownership shall have been decided.

7. - Art. 275. Sequestration may be ordered at the request of one of = the=20 parties in a suit in the following cases: 1. When one who had possessed = for more=20 than one year, has been evicted through violence, and sues to be = restored to his=20 possession. 2. When one sues for the possession of movable property, or = of a=20 slave, and fears that the party having possession, may ill treat the = slave or=20 send either that slave, or the property in dispute, out of the = jurisdiction of=20 the court, during the pendency of the suit. 3. When one claims the = ownership, or=20 the possession of real property, and has good ground to appre-hend, that = the=20 defendant may make use of his possession to dilapidate or to waste the = fruits or=20 revenues produced by such property, or convert them to his own use. 4. = When a=20 woman sues for a separation from bed and board, or only for a separation = of=20 property from her hushand, and has reason to apprehend that he will ruin = her=20 dotal property, or waste the fruits or revenues produced by the same = during the=20 pendency of the action. 5. When one has petitioned for a stay of = proceedings,=20 and a meeting of his creditors, and such creditors fear that he may = avail=20 himself of such stay of proceedings, to place the whole, or a part of = his=20 property, out of their reach. 6. A creditor by special mortgage shall = have the=20 power of sequestering the mortgaged property, when he appre-hends that = it will=20 be removed out of the state before he can have the benefit of his = mortgage, and=20 will make oath of the facts which induced his apprehension.

8. - Art. 276. A plaintiff wishing to obtain an order of = sequestration in any=20 one of the cases above provided, must annex to the petition in which he = prays=20 for such an order, an affidavit, setting forth the cause for which he = claims=20 such order, he must besides, execute his obligation in favor of the = defendant,=20 for such sum as the court shall determine, with the surety of one good = and=20 solvent person, residing within the jurisdiction of the court, to be = responsible=20 for such damages as the defendant may sustain, in case such = sequestration should=20 have been wrongfully obtained.

9. - Art. 277. When security is given in order to obtain the = sequestration of=20 real property which brings a revenue, the judge must require that it be = given=20 for an amount sufficient to compensate the defendant, not only for all = damage=20 which he may sustain, but also for the privation of such revenue, during = the=20 pendency of the action.

10. - Art. 278. The plaintiff when he prays for a sequestration of = the=20 property of one who has failed, is not required to give such security, = though=20 that property bring in a revenue.

11. - Art. 279. A defendant against whom a mandate of sequestration = has been=20 obtained, except in cases of failure, may have the same set aside, by = executing=20 his obligation in favor of the sheriff, with one good and solvent = surety, for=20 whatever amount the judge may determine, as being equal to the value of = the=20 property to be left in his possession.

12. - Art. 280. The security thus given by the defendant, when the = property=20 sequestrated consists in movables or in slaves, shall be responsible = that he=20 shall not send away the same out of the jurisdiction of the court; that = he shall=20 not make an improper use of them; and that he will faithfully present = them,=20 after definitive judgment, in case he should be decreed to restore the = same to=20 the plaintiff.

13. - Art. 281. As regards landed property, this security is given to = prevent=20 the defendant, while in possession, from wasting the property, and for = the=20 faithful restitution of the fruits that he may have received since the = demand,=20 or of their value in the event of his being cast in the suit.

14. - Art. 282. When the sheriff has sequestered property pursuant to = an=20 order of the court, he shall, after serving the petition and the copy of = the=20 order of sequestration on the defendant, send him return in writing to = the clerk=20 of the court which gave the order, stating in the same in what manner = the order=20 was executed, and annex to such return a true and minute inventory of = the=20 property sequestered, drawn by him, in the presence of two witnesses. =

15. - Art. 283. The sheriff, while he retains possession of = sequestered=20 property, is bound to take proper care of the same and to administer the = same,=20 if it be of such nature as to admit of it, as a prudent father of a = family=20 administers his own affairs. He may confide them to the care of = guardians or=20 overseers, for whose acts he remains responsible, and he will be = entitled to=20 receive a just compensation for his administration, to be determined by = the=20 court, to be paid to him out of the proceeds of the property = sequestered, if=20 judgment be given in favor of the plaintiff.

SEQUESTRATOR. One to whom a sequestration is made.

2. A depositary of this kind cannot exonerate himself from the care = of the=20 thing sequestered in his hands, unless for some cause rendering it=20 indispens-able that he should resign his trust. Louis. Code, art. 2947. = See=20 Stakeholder. Sequestrators are also officers appointed by a court of = chancery,=20 and named in a writ of sequestration. As to their powers and duties, see = 2 Madd.=20 Ch. Pr. 205, 6; Blake's Ch. Pr. 103; Newl. Ch. Pr. 18, 19; 1 Harr. Ch. = 191.

SERF. During the feudal times certain persons who were bound = to=20 perform very onerous duties towards others, were so called. Poth. Des = Personnes,=20 p. 1, t. 1, a. 6, s. 4. There is this essential difference between a = serf and a=20 slave; the serf was bound simply to labor on the soil where he was born, = without=20 any right to go elsewhere without the consent of his lord; but he was = free to=20 act as he pleased in his daily action: the slave on the contrary is the = property=20 of his master, who may require him to act as he pleases in every = respect, and=20 who may sell him as a chattel. Lepage, Science du Droit, c. 3, art. 2, = =A72.

SERGEANT or SERJEANT, Engl. law. An officer in the courts of = the=20 highest grade among the practitioners of the law.

SERGEANT or SERJEANT, in the army. An inferior officer of a = company of=20 foot, or troop of dragoons appointed to see discipline observed, to = teach the=20 soldiers the exercise of their arms, and to order, straighten and form = ranks,=20 files, &c.

SERGEANT AT ARMS, An officer appointed by a legislative body, = whose=20 duties are to enforce the orders given by such bodies, generally under = the=20 warrant of its presiding officer.

SERIATIM. In a series, severally; as, the judges delivered = their=20 opinions seriatim.

SERJEANTY, Eng. law. A species of service which cannot be due = or=20 performed from a tenant to any lord but the king; and is either grand or = petit=20 serjeanty.

SERVANTS, (negro or mulatto,) Pennsylvania. By the fourth = section of=20 the act for the gradual abolition of slavery, passed the first day of = March,=20 1780, 1 Smith's Laws of Penn. 492, it is "provided that every negro or = mulatto=20 child, born within this state after the passing of this act, (who would = in case=20 this act had not been made, have been a servant for years, or life, or a = slave)=20 shall be by virtue of this act the servant of such person, or his = assigns who=20 would in such case have been entitled to the service of such child, = until such=20 child attain unto the age of twenty-eight years, in the manner and on = the=20 conditions, whereon servants bound by indenture for four years are or = may be=20 retained or holden; and shall be liable to like correction and = punishment, and=20 entitled to like relief, in case he be evilly treated by his master, and = to like=20 freedom dues and privileges, as servants bound by indenture for four = years are=20 entitled, unless the person to whom such services belong shall abandon = his claim=20 to the same; in which case the overseers of the poor where such child = shall be=20 abandoned shall by indenture bind out every such child so abandoned as = an=20 apprentice for a time not exceeding the age hereinbefore limited for the = service=20 of such children." And by the thirteenth section it is enac-ted, "that = no=20 covenant of personal servitude or apprenticeship whatsoever shall be = valid or=20 binding on a negro or mulatto for a longer time than seven years, unless = such=20 servant or apprentice were at the commencement of such servitude or=20 apprenticeship, under the age of twenty-one years, in which case such = negro or=20 mulatto may be holden as a servant or apprentice, respectively, = according to the=20 covenant, as the case shall be, until he shall attain the age of = twenty-eight=20 years, but no longer." See 6 Binn. 204; 1 Browne's R. 369, n.

2. The act requires that a register of such children as would have = been=20 slaves shall be kept by a public officer therein designated. The want of = registry entitles such child to freedom.

SERVANTS. In Louisiana they are divided into free servants and = slaves.=20 See Slaves; Slavery.

2. Free servants are, in general, all free persons who let, hire, or = engage=20 their services to another in the state, to be employed therein at any = work,=20 commerce, or occupation whatever, for the benefit of him who has = contracted with=20 them, for a certain sum or retribution, or upon certain conditions.

3. There are three kinds of free servants in the state, to wit:

4. - 1. Those who only hire out their services by the day, week, = month, or=20 year, in consideration of certain wages.

5. - 2. Those who engage to serve for a fixed time for a certain=20 consideration, and who are therefore considered not as having hired out, = but as=20 having sold their services.

6. - 3. Apprentices that is, those who engage to serve any one, in = order to=20 learn some art, trade, or profession. Civ. Code of Lo. art. 155, 156, = 157.

SERVANTS, menial. Domestics those who receive wages, and who = are=20 lodged and fed in the house of another, and who are employed in his = services.=20 Such servants are not particularly recognized by law. They are called = menial=20 servants, or domestics, from living infra moenia, within the walls of = the house.=20 1 Bl. Com. 324; Wood's Inst. 53; 1 Sw. Syst. 218. The right of the = master to=20 their services in every respect is grounded on the contract between = them. 2.=20 Labor-ers, or persons hired by the day's work, or any longer time, are = not=20 considered servants. 1 Sw. Syst. 218; 5 Binn. 167; 3 Serg. & Rawle, = 351.=20 Vide 12 Ves. 114; 2 Vern. 546; 16 Ves. 486; 1 Rop. on Leg. 121; 3 Deac. = &=20 Chit. 332; 1 Mont. & Bligh. 413; 2 Mart. N. S. 652; Poth. Proc. Civ. = sect.=20 2, art. 5, =A75; Poth. Ob. n. 710, 828, French ed.; 9 Toull. n. 314; = Domestic;=20 Operative.

SERVI. This name was given by the Romans to their slaves; they = were so=20 called from servare, to preserve, from the ancient practice of the = generals of=20 the army, who were accustomed to sell their captives, and preserved them = rather=20 than kill them: servi autem ex eo appellati sunt, quod imperatores = captivos=20 vendere, ac per hoc servare, nec occidere solent. Inst. 1 3, 3.

SERVICE, contracts. The being employed to serve another.

2. In cases of seduction, the gist of the action is not injury which = the=20 seducer has inflicted on the parent by destroying his peace of mind, and = the=20 reputation of his child, but for the consequent inability to perform = those=20 services for which she was accountable to her master or her parent who = assumes=20 this character for the purpose Vide Seduction, and 2 Mees. & W. 539; = 7 Car.=20 & P. 528.

SERVICE, feudal law. That duty which the tenant owes to his = lord, by=20 reason of his fee or estate.

2. The services, in respect of their quality, were either free or = base, and=20 in respect of their quantity and the time of exacting them, were either = certain=20 or uncertain. 2 Bl. Com. 62.

3. In the civil law by service is sometimes understood servitude. (q. = v.)=20

SERVICE, practice. To execute a writ or process; as, to serve = a writ=20 of capias signifies to arrest a defendant under the process; Kirby, 48; = 2 Aik.=20 R. 338; 11 Mass. 181; to serve a summons, is to deliver a copy of it at = the=20 house of the party, or to deliver it to him personally, or to read it to = him;=20 notices and other papers are served by delivering the same at the house = of the=20 party, or to him in person.

2. When the service of a writ is prevented by the act of the party on = whom it=20 is to be served, it will, in general, be sufficient if the officer do = everything=20 in his power to serve it. 39 Eng. C. L. R. 431 1 M. & G. 238.

SERVIENT, civil law. A term applied to an estate or tenement = by which=20 a servitude is due to another estate or tenement. See Dominant; = Servitude.

SERVITUDE, civil law. A term which indicates the subjection of = one=20 person to another person, or of a person to a thing, or of a thing to a = person,=20 or of a thing to a thing.

2. Hence servitudes are divided into real, personal, and mixed. Lois = des Bat.=20 P. 1, c. 1.

3. A real or predial servitude is a charge laid on an estate for the = use and=20 utility of another estate belonging to another proprietor. Louis. Code, = art.=20 643. When used without any adjunct, the word servitude means a real or = predial=20 servitude. Lois des Bat. P. 1, c. 1.

4. The subjection of one person to another is a purely personal = servitude; if=20 it exists in the right of property which a person exercises over = another, it is=20 slavery. When the subjection of one person to another is not slavery, it = consists simply in the right of requiring of another what he is bound to = do, or=20 not to do; this right arises from all kinds of contracts or quasi con = tracts.=20 Lois des Bat. P. 1, c. 1, art. 1.

5. The subjection of persons to things or of things to persons, are = mixed=20 servitudes. Lois des Bat. P. 1, c. 1, art. 2.

6. Real servitudes are divided into rural and urban. Rural servitudes = are=20 those which are due by an estate to another estate, such as the right of = passage=20 over the serving estate, or that which owes the servitude, or to draw = water from=20 it, or to water cattle there, or to take coal, lime and wood from it, = and the=20 like. Urban servitudes are those which are established over a building = fur the=20 convenience of another, such as the right of resting the joists in the = wall of=20 the serving building, of opening windows which overlook the serving = estate, and=20 the like. Dict. de Jurisp. tit. Servitudes. See, generally, Lois des = Bat. Part 1=20 Louis. Code, tit. 4; Code Civil, B. 2, tit. 4; This Dict. tit. Ancient = Lights;=20 Easements; Ways; Lalaure, Des Servitudes, passim.

SERVITUDES, NATURAL, civil law. Those servitudes which arise = in=20 consequence of the nature of the soil.

2. By law the inferior heritages, are submitted in relation to the = natural=20 flow of waters, and the like, to the superior. An inferior field is, = therefore,=20 subject to the injury or prejudice which the situation of the ground, in = its=20 natural state, way cause it.

SERVITUDES, personal. Those by which the property of a = subject, in=20 Scotland, is burdened in favor, not of a tenement, but of a person. = Ersk. Pr. L.=20 Scot. B. 2, t. 9, s. 23. Life rent is the only personal servitude there. =

SERVITUS, civil law. A service or servitude; a burden imposed = by law,=20 or the agreement of parties upon certain persons, for the benefit of = others; or=20 upon one estate for the advantage of another, or for the benefit of = another=20 person than the owner.

SERVITUS. Servitude; slavery; a state of bondage. "Servitus = autem, est=20 constitutio," say the Institutes of Justinian, 1, 3, 2, "qua quis = dominio alieno=20 contra naturam subjicitur." Servitude is a disposition of the law of = nations, by=20 which, against common right, one man has been subjected to the dominion = of=20 another. See Bract. 4 b; Co. Litt. 116.

SERVITUS LUMINUM, civil law. The name of a servitude by which = an=20 obligation is imposed on the owner of a house to allow windows or lights = to be=20 put in his wall by the owner of the adjoining house. Dig. 4, 14, 40. =

SERVITUS STILLIClDII, civil law. The name of a servitude which = obliges=20 the owner of an estate to receive, or his right to turn aside, the = droppings or=20 stream from his neighbor's house. Dig. 8, 2, 20 and 21, 41; Voet, h. t. = n. 13.=20 Vide Stillicidium.

SERVITUS TIGNI IMMITTENDI, civil law. The name of a servitude = which=20 consists in requiring him who owes it, to permit his neighbor to place = his=20 joists on his wall. It differs from the servitude Oneris ferendi. (q. = v.) in=20 this, that in the former the owner of the servient building is bound to = repair=20 and rebuild the wall; whereas, in the latter he is not. Dig. lib. 8, = =A72.

SESSION. The time during which a legislative body, a court or = other=20 assembly sits for the transaction of business; as, a session of = congress, which=20 commences on the day appointed by the constitution, and ends when = congress=20 finally adjourns before the commencement of the next session; the = session of a=20 court, which commences at the day appointed by law, and ends when the = court=20 finally rises a term.

SESSION COURT, or COURT OF SESSION. The highest civil court in = the=20 kingdom of Scotland. The judges, called lords of the session, are = fifteen in=20 number.

2. It has extensive original jurisdiction, and its powers of review = as a=20 court of appeal have no limits. In 1808, it was divided into two = chambers,=20 called the first and second division; the lord president and seven = judges=20 constituting the former, and the lord justice clerk, who is head of the = court of=20 justiciary, with six judges, the latter. These divisions have = independent but=20 coordinate jurisdiction.

3. The high court of justiciary, or supreme criminal jurisdiction for = Scotland consists of six judges, who are lords of the session, the lord = justice=20 clerk presiding. In this court the number of the jury is fifteen, and a = majority=20 decides. The court of session is divided into the inner house and outer = house,=20 with appeal from the latter to the former, and from the former to the = house of=20 lords of the United Kingdom. Encycl. Amer.

SET, contracts. Foreign bills of exchange are generally drawn = in=20 parts; as, "pay this my first bill of exchange, second and third of the = same=20 tenor and date not paid;" the whole of these parts, which make but one = bill, are=20 called a set. Chit. Bills, 175, 6, (edition of 1836); 2 Pardess. n. 342. =

TO SET ASIDE. To annul; to make void; as to set aside an = award.

2. When proceedings are irregular they may be set aside on, motion of = the=20 party whom they injuriously affect.

SET-OFF, contracts, practice. Defalcation; (q. v.) a demand = which a=20 defen-dant makes against the plaintiff in the suit for the purpose of=20 liquidating the whole or a part of his claim.

2. A set-off was unknown to the common law, according to which mutual = debts=20 were distinct and inextinguishable except by actual payment or release. = 1=20 Rawle's R. 293; Babb. on Set-off, 1.

3. The statute 2 Geo. II., c. 22, which has been generally adopted in = the=20 United States with some modifications however, allowed, in cases of = mutual=20 debts, the defendant to set his debt against the other, either by = pleading it in=20 bar, or giving it in evidence, when proper notice had been given of such = intention, under the general issue. The statute being made for the = benefit of=20 the defendant, is not compulsory; 8 Watts, R. 39; the defendant may = Waive his=20 right, and bring a cross action against the plaintiff. 2 Campb. 594; 5 = Taunt.=20 148; 9 Watts, R. 179

4. It seems, however, that in some cases of intestate estates, and of = insolvent estates, perhaps owing to the peculiar wording of the law, the = statute=20 has been held to operate on the rights of the parties before action = brought, or=20 an act done by either of them. 2 Rawle's R. 293; 3 Binn. Rep. 135; Bac. = Ab.=20 Bankrupt K.

5. Set-off takes place only in actions on contracts for the payment = of money,=20 as assumpsit, debt and covenant. A set-off is not allowed in actions = arising ex=20 delicto, as, upon the case, trespass, replevin or detinue. Bull. N. P. = 181.

6. The matters which may be set off, may be mutual liquidated debts = or=20 damages, but unliquidated damages cannot be set off. 1 Black. R. 394; 2 = John.=20 150; 8 Conn. 325; 1 M'Cord, 7; 3 Wend. 400; 1 Stew. & Port. 19; 2 = Yeates,=20 208; 1 Sumn. 471; 2 Blackf. 31; 1 A. K. Marsh. 41; 6 Halst. 397; 5 Wash. = C. C.=20 232 3 Bibb, 49; 2 Caines, 33. The statutes refer only to mutual = unconnected=20 debts; for at common law, when the nature of the employment, transaction = or=20 dealings necessarily constitute an account consisting of receipts and = payments,=20 debts and credits, the balance only is considered to be the debt, and = therefore=20 in an action, it is not necessary in such cases either to plead or give = notice=20 of set-off. 4 Burr. 2221.

7. In general, when the government is plaintiff, no set-off will be = allowed.=20 9 Pet. 319; 4 Dall. 303. See 9 Cranch, 313; Paine, 156. But when an act = of=20 congress authorizes such set-off, it may be made. 9 Cranch, 213.

8. Judgments in the same rights may be set off against each other at = the=20 discretion of the court. 3 Bibb 233; 3 Watts 78; 3 Halst. 172; 4 Hamm. = 90; 1=20 Stew. & Port. 24; 7 Mass. 140, 144; 8 Cowen 126. Vide Compensation; = also=20 Mon-tagu on Set-off; Babington on Set-off; 3 Stark. Ev. h. t.; Amer. = Dig. h. t.;=20 Whart. Dig. h. t.; 3 Chit. Bl. Com. 304, n.; 1 Chit. Pl. Index, h. t.; 8 = Vin.=20 Ab. 556; Bac. Ab. h. t. 1 Sell. Pr. 321; 5 Com. Dig. 595; 6 Id. 335; 7 = Id. 336;=20 8 Id. 927; Chit. Pr. Index, h. t.; Bouv. Inst. Index, h. t. Vide Factor. =

TO SETTLE. To adjust or ascertain to pay.

2. Two contracting parties are said to settle an account when they = ascertain=20 what is justly due by one to the other; when one pays the balance or = debt due by=20 him, he is said to settle such debt or balance. 11 Alab. R. 419

SETTLEMENT, domicil. The right which a person has of being = considered=20 as resident of a particular place.

2. It is obtained in various ways, to wit: 1. By birth. 2. By the = legal=20 settlement of the father, in the case of minor children. 3. By marriage. = 4. By=20 continued residence. 5. By the payment of requisite taxes. 6. By the = lawful=20 exercise of a public office. 7. By hiring and service for a year. 8. By = serving=20 an apprenticeship; and perhaps some others which depend upon the local = statutes=20 of the different states. Vide 1 Bl. Com. 363; 1 Dougl. 9; 2 Watts' Rep. = 44, 342;=20 2 Penna. R. 432; 5 Serg. & Rawle, 417; 2 Yeates' R. 51; 5 Binn. R. = 81; 3=20 Binn. R.. 22; 6 Serg. & Rawle, 103, 565; 10 Serg. & Rawle, 179. = Vide=20 Domicil.

SETTLEMENT, contracts. The conveyance of an estate, for the = benefit of=20 some person or persons.

2. It is usually made on the prospect of marriage for the benefit of = the=20 married pair, or one of them, or for the benefit of some other persons, = as their=20 children. Such settlements vest the property in trustees upon specified = terms,=20 usually for the benefit of the hushand and wife during their joint = lives, and=20 then for the benefit of the survivor for life, and afterwards for the = benefit of=20 children. Ante-nuptial agreements of this kind will be enforced in = equity by a=20 specific performance of them, provided they are fair and valid, and the=20 intention of the parties is consistent with the principles and policy of = law.=20 Settlements after marriage, if made in pursuance of an agreement in = writing=20 entered into prior to the marriage, are valid, both against creditors = and=20 purchasers.

4. When made without consideration, after marriage, and the property = of the=20 hushand is settled upon his wife and children, the settlement will be = valid=20 against subsequent creditors, if, at the time of the settlement being = made, he=20 was not indebted; but, if he was then indebted, it will be void as to = the=20 creditors existing at the time of the settlement; 3 John. Ch. R. 481; 8 = Wheat.=20 R. 229; unless in cases where the hushand received a fair consideration = in value=20 of the thing settled, so as to repel the presumption of fraud. 2 Ves. 16 = 10 Ves.=20 139. Vide 1 Madd. Ch. 459; 1 Chit. Pr. 57; 2 Kent, Com. 145; 2 Supp. to = Ves. jr.=20 80, 375; Rob. Fr. Conv. 188. See Atherl. on Mar. passim.

5. The term settlement is also applied to an agreement by which two = or more=20 persons, who have dealings together, so far arrange their accounts, as = to=20 ascertain the balance due from one to the other; and settlement = sometimes=20 signifies a payment in full.

TO SEVER, practice. When defendants who are sued jointly have = separate=20 de-fences, they may in general sever, that is, each one rely on his own = separate=20 defence; each may plead severally and insist on his own separate plea. = See=20 Severance.

SEVERAL. A state of separation or partition. A several = agreement or=20 cove-nant, is one entered into by two or more persons separately, each = binding=20 himself for the whole; a several action is one in which two or more = persons are=20 separately charged; a several inheritance, is one conveyed so as to = descend, or=20 come to two persons separately by moieties. Several is usually opposed = to joint.=20 Vide 3 Rawle, 306. See Contract; Joint Contract, Parties to action.

SEVERALTY, title to an estate. An estate in severalty is one = which is=20 held by the tenant in his own right only, without any other being joined = or=20 connected with him in point of interest, during the continuance of his = estate. 2=20 Bl. Com. 179. Cruise, Dig. 479, 480.

SEVERANCE, pleading. When an action is brought in the name of = several=20 plain-tiffs, in which the plaintiffs must of necessity join, aud one or = more of=20 the persons so named do not appear, or make default after appearance, = the other=20 may have judgment of severance, or, as it is technically called, = judgment ad=20 sequendum solum.

2. But in personal actions, with the exception of those by executors, = and of=20 detinue for charters, there can be no summons and severance. Co. Lit. = 139.

3. After severance, the party severed can never be mentioned in the = suit, nor=20 derive any advantage from it.

4. When there are several defendants, each of them may use such plea = as, he=20 may think proper for his own defence; and they may join in the same = plea, or=20 sever at their discretion; Co. Litt. 303, a except perhaps, in the case = of=20 di-latory pleas. Hob. 245, 250. But when the defendants have once united = in the=20 plea, they cannot afterwards sever at the rejoinder, or other later = stage of the=20 pleading. Vide, generally, Bro. Summ. and Sev.; 2 Rolle, 488; Archb. = Civ. Pl.=20 59.

SEVERANCE, estates. The act by which any one of the unities of = a joint=20 tenancy is effected, is so called; because the estate is no longer a = joint=20 tenancy, but is severed.

2. A severance may be effected in various ways, namely: 1. By = partition,=20 which is either voluntary or compulsory. 2. By alienation of one of the = joint=20 tenants, which turns the estate into a tenancy in common. 3. By the = purchase or=20 descent of all the shares of the joint tenants, so that the whole estate = becomes=20 vested in one only. Com. Dig. Estates by Grant, K 5; 1 Binn. R. 175. =

3. In another and a less technical sense, severance is the separation = of a=20 part of a thing from another; for example, the separation of malchinery = from a=20 mill, is a severance, and, in that case, the machinery which while = annexed to=20 the mill was real estate, becomes by the severance; personalty, unless = such=20 severance be merely temporary. 8 Wend. R. 587.

SEWER. Properly a trench artificially made for the purpose of = carrying=20 water into the sea, river, or some other place of reception. Public = sewers are,=20 in general, made at the public expense. Crabb, R. P. =A7113.

SEX. The physical difference between male and female in = animals.

2. In the human species the male is called man, (q. v.) and the = female,=20 woman. (q. v.) Some human beings whose sexual organs are somewhat = imperfect,=20 have acquired the name of hermaphrodite. (q. v.)

3. In the civil state the sex creates a difference among individuals. = Women=20 cannot generally be elected or appointed to offices or service in public = capa-cities. In this our law agrees with that of other nations. The = civil law=20 excluded women from all offices civil or public: Faemintae ab omnibus = officiis=20 civilibus vel publicis remotae sunt. Dig. 50, 17, 2. The principal = reason of=20 this exclusion is to encourage that modesty which is natural to the = female sex,=20 and which renders them unqualified to mix and contend with men; the = pre-tended=20 weakness of the sex is not probably the true reason. Poth. Des = Personnes, tit.=20 5; Wood's Inst. 12; Civ. Code of Louis. art. 24; 1 Beck's Med. Juris. = 94. Vide=20 Gender; Male; Man; Women; Worthiest of blood.

SHAM PLEA. One entered for the mere purpose of delay; it must = be of a=20 matter which the pleader knows to be false; as judgment recovered, that = is, that=20 judgment has already been recovered by the plaintiff for the same cause = of=20 action.

2. These sham pleas are generally discouraged, and in some cases are = treated=20 as a nullity. Barn. & Ald. 197, 199; 5 Id. 750; 1 Barn. & Cr. = 286;=20 Archb. Civ. Pl. 249; 1 Chit. Pl. 401.

SHARE. A portion of anything. Sometimes shares are equal, at = other=20 times they are unequal.

2. In companies and corporations the whole of the capital stock is = usually=20 divided into equal proportions called shares. Shares in public companies = have=20 sometimes been held to be real estate, but most usually they are = considered as=20 personal property. Wordsw. Jo. Sto. Co. ch. 1 P, p. 288. 3. The = proportion which=20 descends to one of several children from his ancestor, is called a = share. The=20 term share and share alike, signifies in equal proportions. See Pwrpart. =

SHEEP. A wether more than a year old. 4 Car. & Payne, 216; = 19=20 Engl. Com. Law Rep. 331, S. C.

SHELLEY'S CASE. This case, reported in 1 Rep. 93, contains a = rule=20 usually known as the rule in Shelley's case, which has caused more = commentaries=20 perhaps than any other case. It has been expressed with great precision, = though=20 not with much elegance, to be "in any instrument, if a freehold be = limited to=20 the ancestor for life, and the inheritance to his heirs, either = mediately or=20 immediately, the first taker takes the whole estate; if it be limited to = the=20 heirs of his body, he takes a fee tail; if to his heirs a fee simple." = Co. Litt.=20 376, b and Mr. Butler's note, 1; 3 Binn. R. 139 1 Day, Rep. 299; 1 = Prest. on=20 Estates, ch. 3; 4 Kent, Com. 206; Cruise, Dig. tit. 32, c. 22; 2 Yeates, = R. 410;=20 1 Hargr. Law Tracts, article "Observations concerning the rule in = Shelley's=20 case, chiefly with a view to the application of that rule in Last = Wills;" 5 Ohio=20 R. 465.

SHERIFF. The name of the chief officer of the county. In Latin = he is=20 called vice comes, because in England he represented the comes or earl. = His name=20 is said to be derived from the Saxon seyre, shire or county, and reve, = keeper,=20 bailiff, or guardian.

2. The general duties of the sheriff are, 1st. To keep the peace = within the=20 county; he may apprehend, and commit to prison all persons who break the = peace=20 or attempt to break it, and bind any one in a recognizance to keep the = peace. He=20 is required ex officio, to pursue and take all traitors, murderers, = felons and=20 rioters. He has the keeping of the county gaol and he is bound to defend = it=20 against all attacks. He may command the posse comitatus. (q. v.)

3. - 2d. In his ministerial capacity, the sheriff is bound to execute = within=20 his county or bailiwick, all process issuing from the courts of the=20 commonwealth.

4. - 3d. The sheriff also possesses a judicial capacity, but this is = very=20 much circumscribed to what it was at common law in England. It is now = generally=20 confined to ascertain damages on writs of inquiry and the like.

5. Generally speaking the sheriff has no authority out of his county. = 2=20 Rolle's Rep. 163; Plowd, 37 a. He may, however, do mere ministerial acts = out of=20 his county, as making a return. Dalt. Sh. 22. Vide, generally, the = various=20 Digests and Abridgments, h. t.; Dalt. Sher.; Wats. Off. and Duty of = Sheriff;=20 Wood's Inst. 75; 18 Engl. Com. Law Rep. 177; 2 Phil. Ev. 213; Chit. Pr. = Index,=20 h. t.; Chit. Pr. Law, Index, h. t.

SHERIFFALTY. The office of sheriff, the time during which a = sheriff is=20 to remain in office.

SHIFTING USE, estates. One which takes effect in derogation of = some=20 other estate, and is either limited by the deed creating it, or = authorized to be=20 created by some person named in it. This is sometimes called a secondary = use.=20

2. The following is an example: If an estate be limited to A and his = heirs,=20 with a proviso that if B pay to A one hundred dollars by a time named, = the use=20 to A shall ease, and the estate go to B in fee; the estate is vested in = A=20 subject to the shifting or secondary use in fee in B. Again, if the = proviso be=20 that C may revoke the use to A, and limit it to B, then A is seised in = fee, with=20 a power in C of revocation and limitation of a new use. These shifting = uses must=20 be confined within proper limits, so as not to create a perpetuity. 4 = Kent, Com.=20 291; Cornish on Uses, 91; Bac. Ab. Uses and Trusts, K; Co. Litt. 327, a, = note=20 Worth on Wills, 419; 2 Bouv. Inst. n. 1890. Vide Use.

SHILLING, Eng. law. The name of an English coin, of the value = of one=20 twen-tieth part of a pound. In the United States, while they were = colonies,=20 there were coins of this denomination, but they greatly varied in their = value.=20

SHIP. This word, in its most enlarged sense, signifies a = vessel=20 employed in navigation; for example, the terms the ship's papers, the = ship's=20 hushand, shipwreck, and the like, are employed whether the vessel = referred to be=20 a brig, a sloop, or a three-masted vessel.

2. In a more confined sense, it means such a vessel with three masts = 4 Wash.=20 C. C. Rep. 530; Wesk. Inst. h. t. p. 514 the boats and rigging; 2 Marsh. = Ins.=20 727 together with the anchors, masts, cables, pullies, and such like = objects,=20 are considered as part of the ship. Pard. n. 599; Dig. 22, 2, 44.

3. The capacity of a ship is ascertained by its tonnage, or the space = which=20 may be occupied by its cargo. Vide Story's Laws U. S. Index, h. t.; = Gordon's=20 Dig. h. t.; Abbott on Ship. Index, h. t.; Park. Ins. Index, h. t.; Phil. = Ev.=20 Index, h. t. Bac. Ab. Merchant, N; 3 Kent, Com. 93 Molloy, Jure Mar. = Index, h.=20 t.; l Chit. Pr. 91; Whart. Dig. h. t.; 1 Bell's Com. 496, 624; and see = General=20 Ships; Names of Ships.

SHIP BROKER. One who transacts business between the owners of = vessels=20 and merchants who send cargoes.

SHIP DAMAGES. In the charter parties with the English East = India=20 Company, these words occur; their meaning is damage from negligence,=20 insufficiency or bad stowage in the ship. Dougl. 272; Abbott, on Ship. = 204.

SHIP'S HUSBAND, mar. law. An agent appointed by the owner of a = ship,=20 and invested with authority to make the requisite repairs, and attend to = the=20 management, equipment, and other concerns of the ship he is usually = authorized=20 to act as the general agent of the owners, in relation to the ship in = her home=20 port.

2. By virtue of his agency, he is authorized to direct all proper = repairs,=20 equipments and outfits of the ship; to hire the officers and crew; to = enter into=20 contraets for the freight or charter of the ship, if that is her usual=20 employment; and to do all other acts necessary and proper to prepare and = despatch her for and on ber intended voyage. 1 Liverm. on Ag. 72, 73; = Story on=20 Ag. =A735.

3. By some authors, it is said the ship's hushand must be a part = owner. Hall=20 on Mar. Loans, 142, n.; Abbott on Ship. part 1, c. 3, s. 2. 4. Mr. Bell, = Comm.=20 410, =A7428, 5t ed. p. 503, points out the duties of the ship's hushand, = as=20 follows, namely: 1. To see to the proper outfit of the vessel, in the = repairs=20 adequate to the voyage, and in the tackle and furniture necessary for a=20 sea-worthy ship.

5. - 2. To have a proper master, mate, and crew, for the ship, so = that, in=20 this respect, it shall be sea-worthy.

6. - 3. To see the due furnishing of provisions and stores, according = to the=20 necessities of the voyage.

7. - 4. To see to the regularity of the clearance's from the = custom-house,=20 and the regularity of the registry.

8. - 5. To settle the contracts, and provide for the payment of the=20 furnishings which are requisite to the performance of those duties.

9. - 6. To enter into proper charter parties, or engage the vessel = for=20 general freight, under the usual conditions; and to settle for freight, = and=20 adjust averages with the merchant; and,

10. - 7. To preserve the proper certificates, surveys and documents, = in case=20 of future disputes with insurers and freighters and to keep regular = books of the=20 ship.

11. These are his general powers, but of course, they may be limited = or=20 enlarged by the owners; and it may be observed, that without special = authority,=20 he cannot, in general, exercise the following enumerated acts:

1. He cannot borrow money generally for the use of the ship; though, = as above=20 observed, he may settle the accounts for furnishings, or grant bills for = them,=20 which form debts against the concern, whether or not he has funds in his = hands=20 with which he might have paid them. 1 Bell, Com. 411, 499.

12. - 2. Although he may in general, levy the freight which is, by = the bill=20 of lading, payable on the delivery of the goods, it would seem that he = would not=20 have power to take bills for the freight, and give up the possession of = the lien=20 over the cargo, unless it has been so settled by the charter party. Id. =

13. - 3. He cannot insure, or bind the owners for premiums. Id.; 5 = Burr.=20 2627; Paley on Ag. by Lloyd, 23, note 8; Abb. on Ship. part 1, c. 3, s. = 2;=20 Marsh. Ins. b. 1, c. 8, s. 2; Liv. on Ag. 72, 73.

14. As the power of the master to enter into contracts of = affreightments, is=20 superseded in the port of the owners, so it is by the presence of the = ship's=20 hushand, or the knowledge of the contracting parties that a ship's = hushand has=20 been appointed. Bell's Com. ut supra.

SHIP'S PAPERS. Those documents which are required on board of = neutral=20 ships, as evidence of their neutrality, These are the passports, = sea-letter,=20 muster-roll, charter party, bill of lading, invoices, log book, bill of = health,=20 register, and papers containing proofs of property. 1 Chit. Com. Law = 487.

2. The want of these papers, or either of them, renders the character = of a=20 vessel suspicious. Vide Clearance, and 2 Boulay Paty, Dr. Com. 14.

SHIPPER. One who ships or puts goods on board of a vessel, to = be=20 carried to another place during her voyage. In general, the shipper is = bound to=20 pay for the hire of the vessel, or the freight of the goods. 1 Bouv. = Inst. n.=20 1030.

SHIPPING ARTICLES, contr. mar. law. The act of congress of = July 20,=20 1790, s. 1, directs that a master of any vessel bound from a port in the = United=20 States to any foreign port, or of any vessel of fifty tons or upwards, = bound=20 from a port in one state to a port in any other than at adjoining state, = shall,=20 before he proceed on such voyage, make an agreement in writing or in = print, with=20 every seaman or mariner on board such vessel, (except such as shall be=20 apprenticed or servant to himself or owners) declaring the voyage or = voyages,=20 term or terms of time, for which such seaman or mariner shall be = shipped.

2. And by sect. 2, it is required that at the foot of every such = coutract,=20 there shall be a memorandum in writing, of the day and the hour on which = such=20 seaman or mariner who shall so ship and subscribe, shall render himself = on board=20 to begin the voyage agreed upon.

3. This instrument is called the shipping articles. For want of = which, the=20 seaman is entitled to the highest wages which have been given at the = port or=20 place where such seaman or mariner shall have been shipped for a similar = voyage=20 within three months next before the time of such shipping, on his = performing the=20 service, or during the time he shall continue to do duty on board such = vessel,=20 without being bound by the regulations, nor subject to the penalties and = forfeitures contained in the said act of congress; and the master is = further=20 liable to a penalty of twenty dollars.

4. The shipping articles ought not to contain any clause which = derogates from=20 the general rights and privileges of seamen, and if they do, such clause = will be=20 declared void. 2 Sumner, 443; 2 Mason, 541.

5. A seaman who signs shipping articles, is bound to perform the = voyage, and=20 he has no right to elect to pay damages for non-performance of the = contract. 2=20 Virg. Cas. 276.

Vide, generally, Gilp. 147, 219, 452; 1 Pet. Ad. Dec. 212; Bee, 48; 1 = Mason,=20 443; 5 Mason, 272; 14 John. 260.

SHIPWRECK. The loss of a vessel at sea, either. by being = swallowed up=20 by the waves, by running against another vessel or thing at sea, or on = the=20 coast. Vide Naufrage; Wreck.

SHIRE, Eng. law. A district or division of country. Co. Lit. = 50 a.=20

SHOP BOOK. This name is given to a book in which a merchant, = mechanic,=20 or other person, makes original entries of goods sold or work done.

2. In general, such a book is prima facie evidence of the sale of the = goods=20 and of the work done, but not of their value. Vide Original entry.

SHORE. Land on the side of the sea, a lake, or a river, is = called the=20 shore. Strictly speaking, however, when the water does not ebb and flow, = in a=20 river, there is no shore. See 4 Hill, N. Y. Rep. 375; 6 Cowen, 547; and=20 Seashore.

SHORT ENTRY. A term used among bankers, which takes, place = when a note=20 has been sent to a bank for collection, and an entry of it is made in = the=20 cus-tomer's bank book, stating the amount in an inner column, and = carrying it=20 out into the accounts between the parties when it has been paid.

2. A bill of this kind remains the property of the depositor. 1 = Bell's Com.=20 27l; 9 East, 12; 1 Rose, 153; 2 Rose, 163; 2 B. & Cr. 422; Pull. = Mer. Acc.=20 56.

SI FACERIT TE SECUREM. If he make you secure. These words = occur in the=20 form of writs, which originally requited, or still require, that the = plaintiff=20 should give security to the sheriff that he will prosecute his claim, = before the=20 sheriff can be required to execute such writ.

SICKNESS. By sickness is understood any affection of the body = which=20 deprives it temporarily of the power to fulfil iis usual functions.

2. Sickness is either such as affects the body generally, or only = some parts=20 of it. Of the former class, a fever is an example; of the latter, = blindness.=20 When a process has been issued against an individual for his arrest, the = she-riff or other officer is authorized, after he has arrested him, if = he be so=20 dangerously sick, that to remove him would endanger his life or health, = to let=20 him remain where he found him, and to return the facts at large, or = simply=20 languidus. (q. v.)

SIDE BAR RULES, Eng practice. Rules which were formerly moved = for by=20 attorneys on the side bar of the court; but now may be had of the clerk = of the=20 rules, upon a praecipe. These rules are, that the sheriff return his = writ; that=20 he bring in the body; for special imparlance; to be present at the = taxing of=20 costs, and the like.

SIENS. An obsolete word, formerly used for scion, which = figuratively=20 signified a person who descended from another. "The sien," says Lord = Coke,=20 "takes all his nourishment from the stocke, and yet it produceth his own = fruit."=20 Co. Lit. 123 a. Vide Branch.

SIGILLUM. A seal. (q. v.) Vide Scroll.

SIGHT, contracts. Bills of exchange are frequently made payable at = sight,=20 that is, on presentment, which might be taken naturally to mean that the = bill=20 should then be paid without further delay; but although the point be not = clearly=20 settled, it seems the drawee is entitled to the days of grace. Beaw. Lex = Mer.=20 pl. 256; Kyd on Bills, 10; Chit. on Bills, 343-4; Bayley on Bills, 42, = 109, 110;=20 Selw. N. P. 339.

2. - The holder of a bill payable at sight, is required to use due = diligence=20 to put it into circulation, or have it presented for acceptance within a = reasonable time. 20 John. 146; 7 Cowen, 705; 12 Pick. 399 13 Mass. 137; = 4 Mason,=20 336; 5 Mason's 118; 1 McCord, 322; 1 Hawks, 195.

3. When the bill is payable any number of days after sight, the time = begins=20 to run from the period of presentment and acceptance, and not from the = time of=20 mere presentment. 1 Mason, 176; 20 John. 176.

SIGN, contracts, evidence. A token of anything; a note or = token given=20 without words.

2. Contracts are express or implied. The express are manifested viva = voce, or=20 by writing; the implied are shown by silence, by acts, or by signs.

3. Among all nations find and at all times, certain signs have been=20 considered as proof of assent or dissent; for example, the nodding of = the head,=20 and the shaking of hands; 2 Bl. Com. 448; 6 Toull. D. 33; Heinnec., = Antiq. lib.=20 3, t. 23, n. 19; silence and inaction, facts and signs are sometimes = very strong=20 evidence of cool reflection, when following a question. I ask you to = lend me one=20 hundred dollars, without saying a word you put your hand in your pocket, = and=20 deliver me the money. I go into a hotel and I ask the landlord if he can = accommodate me and take care of my trunk; without speaking he takes it = out of my=20 hands and sends it into his chamber. By this act he doubtless becomes=20 responsible to me as a bailee. At the expiration of a lease, the tenant = remains=20 in possession, without any objection from the landlord; this may be = fairly=20 interpreted as a sign of a consent that the lease shall be renewed. 13 = Serg.=20 & Rawle, 60.

4, The learned author of the Decline and Fall of the Roman Empire, in = his=20 44th chapter, remarks, "Among savage nations, the want of letters is = imperfectly=20 supplied by the use of visible signs, which awaken attention, and = perpetuate the=20 remembrance of any public or private transaction. The jurisprudence of = the first=20 Romans exhibited the scenes of a pantomime; the words were adapted to = the=20 gestures, and the slightest error or neglect in the forms of proceeding = was=20 sufficient to annul the substance of the fairest claim. The communion of = the=20 marriage-life was denoted by the necessary elements of fire and water: = and the=20 divorced wife resigned, the bunch of keys, by the delivery of which she = had been=20 invested with the government of the family. The manumission of a son, or = a=20 slave, was performed by turning him round with a gentle blow on the = cheek: a=20 work was prohibited by the casting of a stone; prescription was = interrupted by=20 the breaking of a branch; the clenched fist was the symbol of a pledge = or=20 deposits; the right hand was the gift of faith and confidence. The = indenture of=20 covenants was a broken straw; weights and, scales were introduced into = every=20 payment, and the heir who accepted a testament, was sometimes obliged to = snap=20 his fingers, to cast away his garments, and to leap and dance with real = or=20 affected transport. If a citizen pursued any stolen goods into a = neighbor's=20 house, he concealed his nakedness with a linen towel, and hid his. face = with a=20 mask or basin, lest he should encounter the eyes of a virgin or a = matron. In a=20 civil action, the plaintiff touched the ear of his witness seized his = reluctant=20 adversary by the neck and implored, in solemn lamentation, the aid of = his=20 fellow-citizens. The two competitors grasped each other's hand, as if = they stood=20 prepared for combat before the tribunal of the praetor: he commanded = them to=20 produce the object of the dispute; they went, they returned with = measured steps,=20 and a clod of earth was cast at his feet to represent the field for = which they=20 contended. This occult science of the words and actions of law, was the=20 inheritance of the pontiffs and patricians. Like the Chaldean = astrologers, they=20 announced to their clients the days of business and repose; these = important=20 trifles wore interwoven with the religion of Numa; and, after the = publication of=20 the Twelve Tables, the Roman people were still enslaved by the ignorance = of=20 judicial proceedings. The treachery of some plebeian officers at length = revealed=20 the profitable mystery: in a more enlightened age, the legal actions = were=20 derided and observed; and the same antiquity which sanctified the = practice,=20 obliterated the use and meaning, of this primitive language."

SIGN, measures. In angular measures, a sign is equal to thirty = degrees. Vide Measure.

SIGN, mer. law. A board, tin or other substance, on which is = painted=20 the name and business of a merchant or tradesman.

2. Every man has a right to adopt such a sign as he may please to = select, but=20 he has no right to use another's name, without his consent. See Dall. = Dict. mot=20 Propriete Industrielle, and the article Trade marks.

To SIGN. To write one's name to an instrument of writing in = order to=20 give the effect intended; the name thus written is called a signature. =

2. The signature is usually made at the bottom of the instrument but = in wills=20 it has been held that when a testator commenced his will With these = words;, "I,=20 A B, make this my will," it was a sufficient signing. 3 Lev. 1; and vide = Rob. on=20 Wills, 122 1 Will. on Wills, 49, 50; Chit. Cont. 212 Newl. Contr. 173; = Sugd.=20 Vend. 71; 2 Stark. Ev. 605, 613; Rob. on Fr. 121; but this decision is = said to=20 be absurd. 1 Bro. Civ. Law, 278, n. 16. Vide Merl. Repert. mot = Signature, for a=20 history of the origin, of signatures; and also 4 Cruise, Dig. h. t. 32, = c. 2, s.=20 73, et seq.; see, generally, 8 Toull. n. 94-96; 1 Dall. 64; 5 Whart. R. = 386; 2=20 B. & P 238; 2 M. & S. 286.

3. To sign a judgment, is to enter a judgment for want of something = which was=20 required to be done; as, for example, in the English practice, if he who = is=20 bound to give oyer does not give it within the time required, in such = cases, the=20 adverse party may sign judgment against him. 2 T. R. 40; Com. Dig. = Pleader, P 1;=20 Barnes, 245.

SIGNA, civil law. Those species of indicia (q. v.) which come = more=20 immediately under the cognizance of the senses, such as stains of blood = on the=20 person of one accused of murder, indications of terror at being charged = with the=20 offence, and the like.

2. Signa, although not to be rejected as instruments of evidence, = cannot=20 always be relied upon as conclusive evidence, for they are frequently = explained=20 away; in the instance mentioned the blood may have been that of a beast, = and=20 expressions of terror have been frequently manifested by innocent = persons who=20 did not possess much firmness. See Best on Pres. 13, n. f.; Denisart, h. = v.

SIGNATURE, eccl. law. The name of a sort of rescript, without = seal,=20 containing the supplication, the signature of the pope or his delegate, = and the=20 grant of a pardon Dict. Dr. Can. h. v.

SIGNATURE, pract. contr. By signature is understood the act of = putting=20 down a man's name, at the end of an instrument, to attest its validity. = The name=20 thus written is also called a signature.

2. It is not necessary that a party should write his name himself, to = constitute a signature; his mark is now beld sufficient though he was = able to=20 write. 8 Ad. & El. 94; 3 N. & Per. 228; 3 Curt. 752; 5 John. = 144, A=20 signature made by a party, another person guiding his band with his = consent, is=20 sufficient. 4 Wash. C. C. 262, 269. Vide to Sign.

SIGNIFICATION, French law. The notice given of a decree, = sentence or=20 other judicial act.

SIGNIFICAVIT, eccl. law. When this word is used alone, it = means the=20 bishop's certificate to the court of chancery, in order to obtain the = writ of=20 excommunication; but where the words writ of significavit are used, the = meaning=20 is the same as writ de excommunicato capiendo. 2 Burn's Eccl. L. 248; = Shelf. on=20 Mar. & Div. 502.

SILENCE. The state of a person who does not speak, or of one = who=20 refrains from speaking.

2. Pure and simple silence cannot be considered as a consent to a = contract,=20 except in cases when the silent person is bound in good faith to explain = himself, in which case, silence gives consent. 6 Toull. liv. 3, t. 3, n. = 32,=20 note; 14 Serg. & Rawle, 393; 2 Supp. to Ves. jr. 442; 1 Dane's Ab. = c. 1,=20 art. 4, =A73; 8 T. R. 483; 6 Penn. St. R. 336; 1 Greenl. Ev. 201; 2 = Bouv. Inst. n.=20 1313. But no assent will be inferred from a man's silence, unless, 1st. = He knows=20 his rights and knows what he is doing and, 2d. His silence is voluntary. =

3. When any person is accused of a crime, or charged with any fact, = and he=20 does not deny it, in general, the presumption is very strong that the = charge is=20 correct. 7 C. & P. 832 5 C. & P. 332; Joy on Conf. s. 10, p. 77. =

4. The rule does not extend to the silence of a prisoner, when on his = exanination before a magistrate he is charged by another prisoner with = having=20 joined him in the commission of an offence: 3 Stark. C. 33.

5. When an oath is administered to a witness, instead of expressly = promising=20 to keep it, he gives his assent by his silence, and kissing the book. =

6. The person to be affected by the silence must be one not = disqualified to=20 act as non compos, an infant, or the like, for even the express promise = of such=20 a person would not bind him to the performance of any contract.

7. The rule of the civil law is that silence is not an acknowledgment = or=20 denial in every case, qui tacet, non utique fatetur: sed tamen verum = est, eum=20 non negaro. Dig. 50, 17, 142.

SILVA CAEDUA. By these words in England is understood every = sort of=20 wood, except gross wood of the age of twenty years. Bac. Ab. Tythes, C. =

SIMILITER, pleading. When the defendant's plea contains a = direct=20 contradiction of the declaration, and concludes with referring the = matter to be=20 tried by a jury of the country, the plaintiff must do so too; that is, = he must=20 also submit the matter to be tried by a jury, without offering any new = answer to=20 it, and must stand or fall by his declaration. Co. Litt. 126 a. In such = case, he=20 merely replies that as the defendant has put himself upon the country, = that is,=20 has submitted his cause to be tried by a jury of the country, he, the = plaintiff,=20 does so likewise, or the like. Hence this sort of replication is called = a=20 similiter, that having been the effective word when the proceedings were = in=20 Latin. 1 Chit. Pl. 549; Arch. Civ. Pl. 250. See Steph. Pl. 255; 2 Saund. = 319, b;=20 Cowp. 407; 1 Str. Rep. 551; 11 S. & R. 32.

SIMONY, eccl. law. The selling and buying of holy orders, or = an=20 ecclesiastical benefice. Bac. Ab. h. t.; 1 Harr. Dig. 556. By simony is = also=20 understood an unlawful agreement to receive a temporal reward for = something holy=20 or spiritual. Code, 1, 3, 31 Ayl. Parerg. 496.

SIMPLE. Not compounded, alone; as, simple interest, which is = interest=20 on the principal sum lent only and not interest on the interest; simple=20 contract, &c.

SIMPLE CONTRACT. One, the evidence of which is merely oral, or = in=20 writing, not under seal, nor of record. 1 Chit. Contr. 1 1 Chit. Pl. 88; = and=20 vide 11 Mass. R. 30 ll East, R. 312; 4 Barn. & Ald. 588; Stark. Ev. = 995; 2=20 Bl. Com. 472.

2. As contracts of this nature are frequently entered into without = thought or=20 proper deliberation, the law requires that there be some good cause,=20 consideration or motive, before they can be enforced in the courts. The = party=20 making the promise must have obtained some advantage, or the party to = whom it is=20 made must have sustained some injury or inconvenience in consequence of = such=20 promise; this rule has been established for the purpose of protecting = weak and=20 thoughtless persons from the consequences of rash, improvident, and=20 inconsiderate engageinents. See Nudum pactum. But it must be recollected = this=20 rule does not apply to promissory notes, bills of exchange or commercial = papers.=20 3 M. & S. 352.

SlMPLE LARCENY. The felonious taking and carrying away the = personal=20 goods of another, unattended by acts of violence; it is distinguished = from=20 compound larceny, which is the stealing from the person or with = violence.

SIMPLE OBLIGATION. An unconditional obligation, one which is = to be=20 performed without depending upon any event provided by the parties to = it.

SIMPLE TRUST. A simple trust corresponds with the ancient use, = and is=20 where property is simply vested in one person for the use of another, = and the=20 nature of the trust, not being qualified by the settler, is left to the=20 construction of law. It differs from a special trust. (q. v.) 2 Bouv. = Inst. n.=20 1896.

SIMPLEX. Simple or single; as, charta simplex, is a deed-poll, = of=20 single deed. Jacob's L. Dict. h. t.

SIMPLICITER. Simply, without ceremony; in a summary manner. =

SIMUL CUM, pleading. Together with. These words are used in=20 indictments and declarations of trespass against several persons, when = some of=20 them are known and others are unknown.

2. In cases of riots it is usual to charge that A B, together with = others=20 unknown, did the act complained of. 2 Chit. Cr. Law, 488; 2 Salk. R. = 593.

3. When a party sued with another pleads separately, the plea is = generally=20 entitled in the name of the person pleading, adding "sued with___," = naming the=20 other party. When this occurred, it was, in the old phraseology, called = pleading=20 with a simul cum.

SIMULATION, French law. This word is derived from the Latin = simul,=20 together. It indicates, agreeably to its etymology, the concert or = agreement of=20 two or more persons to give to one thing the appearance of another, for = the=20 purpose of fraud. Merl. Repert. h. t.

2. With us such act might be punished by indictment for a conspiracy; = by=20 avoiding the pretended contract; or by action to recover back the money = or=20 property which may have been thus fraudulently obtained.

SINE DIE. Without day. A judgment for a defendant in many = cases is=20 quod eat sine die, that he may go without day. While the cause is = pending and=20 undeter-mined, it may be continued from term to term by dies datus. (q. = v.) See=20 Huxley's Judgments & Rastal's Entries, passim; Co. Litt. 362b & = 363a.=20 When the court or other body rise at the end of a session or term they = adjourn=20 sine die.

SINECURE. In the ecclesiastical law, this term is used to = signify that=20 an ecclesiastical officer is without a charge or cure.

2. In common parlance it means the receipt of a salary for an office = when=20 there are no duties to be performed.

SINGLE. By itself, unconnected.

2. A single bill is one without any condition, and does not depend = upon any=20 future event to give it validity. Single is also applied to an unmarried = person;=20 as, A B, single woman. Vide Simplex.

SINGLE ENTRY. A term used among merchants signifying that the = entry is=20 made to charge or to credit an individual or thing, without, at the same = time,=20 pre-senting any other part of the operation; it is used in = contradistinction to=20 double entry. (q. v.) For example, a single entry is made, A B debtor, = or A B=20 creditor, without designating what are the connexions between the entry = and the=20 objects which composed the fortune of the merchant.

SINGULAR, construction. In grammar the singular is used to = express=20 only one,

not plural. Johnson.

2. In law, the singular frequently includes the plural. A bequest to = "my=20 nearest relation," for example, will be considered as a bequest to all = the=20 relations in the same degree, who are nearest to the testator. 1 Ves. = sen. 337;=20 1 Bro. C. C. 293. A bequest made to "my heir," by a person who had three = heirs,=20 will be construed in the plural. 4 Russ. C. C. 384.

3. The same rule obtains in the civil law: In usu juris frequenter = uti nos=20 singulari appellationie, am plura significari vellemus. Dig. 50, l6, = 158.

SINKING FUND. A fund arising from particular taxes, imposts, = or=20 duties, which is appropriated towards the payment of the interest due on = a=20 public loan and for the gradual payment of the principal. See Funding = System.=20

SIRE. A title of honor given to kings or emperors in speaking = or=20 writing to them.

SISTER. A woman who has the same father and mother with = another, or=20 has one of them only. In the first case she is called sister, simply; in = the=20 second, half sister. Vide Brother; Children; Descent; Father; Mother. =

SITUS. Situation;, location. 5 Pet. R. 524.

2. Real estate has always a fixed situs, while personal estate has no = such=20 fixed situs; the law rei site regulates real but not the personal = estate. Story,=20 Confl. of Laws, =A7379.

SKELETON BILL, com. law. A blank paper, properly stamped, in = those=20 countries where stamps are required, with the name of a person signed at = the=20 bottom.

2. In such case the person signing the paper will be held as the = drawer or=20 acceptor, as it may be, of any bill which shall afterwards be written = above his=20 name to the sum of which the stamp is applicable. 1 Bell's Com. 390, 5th = ed.=20

SKILL, contracts. The art of doing a thing as it ought to be = done.=20

2. Every person who purports to have skill in la business, and = undertakes for=20 hire to perform it, is bound to do it with ordinary skill, and is = res-ponsible=20 civilly in damages for the want of it; 11 M. & W. 483; and sometimes = he is=20 responsible criminally. Vide Mala Praxis; 2 Russ. on Cr. 288,

3. The degree of skill and diligence required, rises in proportion to = the=20 value of the article, and the delicacy of the operation: more skill is = required,=20 for example, to repair a very delicate mathematical instrument, than = upon a=20 common instrument. Jones' Bailm. 91; 2 Kent, Com. 458, 463; 1 Bell's = Com. 459; 2=20 Ld. Raym. 909, 918; Domat, liv. 1, t. 4, =A78, n. 1; Poth. Louage, n. = 425;=20 Pardess. n. 528; Ayl. Pand. B. 4, t. 7, p. 466; Ersk. Inst. B. 3, t. 3, = =A716; 1=20 Rolle, Ab. 10; Story's Bailm. =A7431, et seq.; 2 Greenl. Ev. =A7144. =

SLANDER, torts. The defaming a man in his reputation by = speaking or=20 writing words which affect his life, office, or trade, or which tend to = his loss=20 of preferment in marriage or service, or in his inheritance, or which = occasion=20 any other particular damage. Law of Nisi Prius, 3. In England, if = slander be=20 spoken of a peer, or other great man, it is called Scandalum Magnatum. = Falsity=20 and malice are ingredients of slander. Bac. Abr. Slander. Written or = printed=20 slanders are libels; see that word.

2. Here it is proposed to treat of verbal slander only, which may be=20 considered with reference to, 1st. The nature of the accusation. 2d. The = falsity=20 of the charge. 3d. The mode of publication. 4th. The occasion; and 5th. = The=20 malice or motive of the slander.

3. - =A71. Actionable words are of two descriptions; first, those = actionable in=20 themselves, without proof of special damages and, secondly, those = actionable=20 only in respect of some actual consequential damages.

4. - 1. Words of the first description must impute: 1st. The guilt of = some=20 offence for which the party, if guilty, might be indicted and punished = by the=20 criminal courts; as to call a person a "traitor," "thief," "highwayman;" = or to=20 say that he is guilty of "perjury," "forgery," "murder," and the like. = And=20 although the imputation of guilt be general, without stating the = particulars of=20 the pretended crime, it is actionable. Cro. Jac. 114, 142; 6 T. R. 674; = 3 Wils.=20 186; 2 Vent. 266; 2 New Rep. 335. See 3 Serg. & Rawle, 255 7 Serg. = &=20 Rawle, 451; 1 Binn. 452; 5 Binn. 218; 3 Serg. & Rawle, 261; 2 Binn. = 34; 4=20 Yeates, 423; 10 Serg. & Rawle, 44; Stark. on Slander, 13 to 42; 8 = Mass. 248;=20 13 Johns. 124; Id. 275.

5. - 2d. That the party has a disease or distemper which renders him = unfit=20 for society. Bac. Abr. Slander, B 2. An action can therefore be = sustained for=20 calling a man a leper. Cro. Jac. 144 Stark. on Slander, 97. But charging = another=20 with having had a contagious disease is not actionable, as he will not, = on that=20 account, be excluded from society. 2 T. R. 473, 4; 2 Str. 1189; Bac. = Abr. tit.=20 Slander, B 2. A charge which renders a man ridiculous, and impairs the = enjoyment=20 of general society, and injures those imperfect rights of friendly = intercourse=20 and mutual benevolence which man has with respect to man, is also = actionable.=20 Holt on Libels, 221.

6. - 3d. Unfitness in an officer, who holds an office to which profit = or=20 emolument is attached, either in respect of morals or inability to = discharge the=20 duties of the office in such a case an action lies. 1 Salk. 695, 698; = Rolle, Ab.=20 65; 2 Esp. R. 500; 5 Co. 125; 4 Co. 16 a; 1 Str. 617; 2 Ld. Raym. 1369; = Bull. N.=20 P. 4; Holt on Libels, 207; Stark. on Slander, 100.

7. - 4th. The want of integrity or capacity, whether mental or = pecuniary, in=20 the conduct of a profession, trade or business, in which the party is = engaged,=20 is actionable, 1 Mal. Entr. 244 as to accuse an attorney or artist of = inability,=20 inattention, or want of integrity; 3 Wils. 187; 2 Bl. Rep. 750; or a = clergyman=20 of being a drunkard; 1 Binn. 178; is actionable. See Holt on Libels, = 210; Id.=20 217.

8. - 2. Of the second class are words which are actionable only in = respect of=20 special damages sustained by the party slandered. Though the law will = not permit=20 in these cases the inference of damage, yet when the damage has actually = been=20 sustained, the party aggrieved may support an action for the publication = of an=20 untruth; 1 Lev. 53; 1 Sid. 79, 80; 3 Wood. 210; 2 Leon. 111; unless the=20 assertion be made for the assertion of a supposed claim; Com. Dig. tit. = Action=20 upon the case for Defamation, D 30; Bac. Ab. Slander, B; but it lies if=20 maliciously spoken. See 1 Rolle, Ab. 36 1 Saund. 243 Bac. Abr. Slander, = C; 8 T.=20 R. 130 8 East, R. 1; Stark. on Slander, 157.

9. - =A72. The charge must be false; 5 Co. 125, 6; Hob. 253; the = falsity of the=20 accusation is to be implied till the contrary is shown. 2 East, R. 436; = 1 Saund.=20 242. The instance of a master making an unfavorable representation of = his=20 servant, upon an application for his character, seems to be an = exception, in=20 that case there being a presumption from the occasion of the speaking, = that the=20 words were true. 1 T. R. 111; 3 B. & P. 587; Stark. on Slander, 44, = 175,=20 223.

10. - =A73. The slander must, of course, be published, that is, = communicated to=20 a third person; and if verbal, then in a language which he understands,=20 otherwise the plaintiff's reputation is not impaired. 1 Rolle, Ab. 74; = Cro.=20 Eliz. 857; 1 Saund. 2425 n. 3; Bac. Abr. Slander, D 3. A letter = addressed to the=20 party, containing libelous matter, is not sufficient to maintain a civil = action,=20 though it may subject the libeler to an indictment, as tending to a = breach of=20 the peace; 2 Bl. R. 1038; 1 T. R. 110; 1 Saund. l32, n. 2; 4 Esp. N. P. = R. 117;=20 2 Esp. N. P. R. 623; 2 East, R. 361; the slander must be published = respecting=20 the plaintiff; a mother cannot maintain an action for calling her = daughter a=20 bastard. 11 Serg. & Rawle, 343. As to the case of a man who repeats = the=20 slander invented by another, see Stark. on Slander, 213; 2 P. A. Bro. R. = 89; 3=20 Yeates, 508; 3 Binn. 546.

11. - =A74. To render words actionable, they must be uttered without = legal=20 occasion. On some occasions it is justifiable to utter slander of = another, in=20 others it is excusable, provided it be uttered without express malice. = Bac. Ab.=20 Slander, D 4; Rolle, Ab. 87; 1 Vin. Ab. 540. It is justifiable for au = attorney=20 to use scandalizing expressions in support of his client's cause and = pertinent=20 thereto. 1 M. & S. 280; 1 Holt's R. 531; 1 B. & A. 232; see 2 = Serg.=20 & Rawle, 469; 1 Binn. 178; 4 Yeates, 322; 1 P. A. Browne's R. 40; 11 = Verm.=20 R. 536; Stark. on Slander, 182. Members of congress and other = legislative=20 assemblies cannot be called to account for anything said in debate.

12. - =A75. Malice is essential to the support of an action for = slanderous=20 words. But malice is in general to be presumed until the contrary be = proved; 4=20 B. & C. 247; 1 Saund. 242, n. 2; 1 T. R. 1 11, 544; 1 East, R. 563; = 2 East,=20 R. 436; 2 New Rep. 335; Bull. N. P. 8; except in those cases where the = occasion=20 prima facie excuses the publication. 4 B. & C. 247. See 14 Serg. = &=20 Rawle, 359; Stark. on Slander, 201. See, generally, Com. Dig. tit. = Action upon=20 the case for Defamation; Bac. Abr. Slander; 1 Vin. Abr. 187; 1 Phill. = Ev. ch. 8;=20 Yelv. 28, n.; Doctr. Plac. 53 Holt's Law of Libels; Starkie on Slander, = Ham. N.=20 P. ch. 2, s. 3.

SLANDERER. A calumniator, who maliciously and without reason = imputes a=20 crime or fault to another, of which he is innocent.

2. For this offence, when the slander is merely verbal, the remedy is = an=20 action on the case for damages; when it is reduced to writing or = printing, it is=20 a libel. (q. v.)

SLAVE. A man who is by law deprived of his liberty for life, = and=20 becomes the property of another.

2. A slave has no political rights, and generally has no civil = rights. He can=20 enter into no contract unless specially authorized by law; what he = acquires=20 generally, belongs to his master. The children of female slaves follow = the=20 condition of their mothers, and are themselves slaves.

3. In Maryland, Missouri and Virginia slaves are declared by statute = to be=20 personal estate, or treated as such. Anth. Shep. To. 428, 494; Misso. = Laws, 558.=20 In Kentucky, the rule is different, and they are considered real estate. = 1 Kty.=20 Rev. Laws, 566 1 Dana's R. 94.

4. In general a slave is considered a thing and not a person; but = sometimes=20 he is considered as a person; as when he commits a crime; for example, = two white=20 persons and a slave can commit a riot. 1 McCord, 534. See Person.

5. A slave may acquire his freedom in various ways: 1. By = manumission, by=20 deed or writing, which must be made according to the laws of the state = where the=20 master then acts. 1 Penn. 10; 1 Rand. 15. The deed may be absolute which = gives=20 immediate freedom to the slave, or conditional giving him immediate = freedom, and=20 reserving a right of service for a time to come; 6 Rand. 652; or giving = him his=20 freedom as soon as a certain condition shall have been fulfilled. 2 = Root, 364;=20 Coxe, 4. 2. By manumission by will. When there is an express = emancipation by=20 will, the slave will be free, and the testator's real estate shall be = charged=20 with the payment of his debts, if there be not enough personal property = without=20 the sale of the slaves. 9 Pet. 461. See Harper, R. 20. The manumission = by will=20 may be implied, as, where the master devises property real or personal = to his=20 slave. 2 Pet; 670; 5 Har. & J. 190. 3. By the removal of the slave = with the=20 consent of the master, animo morandi, into one of the United States = where=20 slavery is forbidden by law; 2 Mart. Lo. Rep. N. J. 401; or when he = sojourns=20 there longer than is allowed by the law of the state. 7 S. & R. 378; = 1 Wash.=20 C. C. Rep. 499. Vide Stroud on Slavery; Bouv. Inst. Index, h. t.; and as = to the=20 rights of one who, being free, is held as a slave, 2 Gilman, 1; 3 = Yeates, 240.=20

SLAVE TRADE, criminal law. The infamous traffic in human = flesh, which=20 though not prohibited by the law of nations, is now forbidden by the = laws and=20 treaties of most civilized states.

2. By the constitution of the United States, art. 1, s. 9, it is = provided,=20 that the "migration or importation of such persons as any of the states = now=20 existing (in 1789,) shall think proper to admit, shall not be probibited = by the=20 congress, prior to the year one thousand eight hundred and eight." = Previously to=20 that date several laws were enacted, which it is not within the plan of = this=20 work to cite at large or to analyze; they are here referred to, namely; = act of=20 1794, c. 11, 1 Story's laws U. S. 319; act of 1800, c. 51, 1 Story's = Laws U. S.=20 780 act of 1803, c. 63, 2 Story's Laws U. S 886; act of 1807, c. 77, 2 = Story's=20 Laws U. S. 1050; these several acts forbid citizens of the United = States, under=20 certain circumstances, to equip or build vessels for the purpose of = carrying on=20 the slave trade, and the last mentioned act makes it highly penal to = import=20 slaves into the United States after the first day of January, 1808. The = act of=20 1818, c. 86, 3 Story's Laws U. S. 1698 the act of 1819, c. 224, 3 = Story's Laws=20 U. S. 1752; and the act of 1820, c. 113, 3 Story's Laws U. S. 1798, = contain=20 further prohibition of the slave trade , and punish tho violation of = their=20 several provisions with the highest penalties of the law. Vide, = generally, 10=20 Wheat. R. 66; 2 Mason, R. 409; 1 Acton, 240; 1 Dodson, 81, 91, 95; 2 = Dodson,=20 238; 6 Mass. R. 358; 2 Cranch, 336; 3 Dall. R. 297; 1 Wash. C. C. Rep. = 522; 4=20 Id. 91; 3 Mason, R. 175; 9 Wheat. R. 391; 6 Cranch, 330; 5 Wheat. R. = 338; 8 Id.=20 380; 10 Id. 312; 1 Kent, Com. 191.

SLAVERY. The state or condition of a slave.

2. Slavery exists in most of the southern states. In Pennsylvania, by = the act=20 of March, 1780, for the gradual abolition of slavery, it has been almost = entirely removed in Massachusetts it was held, soon after the = Revolution, that=20 slavery had been abolished by their constitution; 4 Mass. 128; in = Connecticut,=20 slavery has been totally extinguished by legislative provisions; Reeve's = Dom.=20 Bel. 340; the states north of Delaware, Maryland and the river Ohio, may = be=20 considered as free States, where slavery is not tolerated. Vide Stroud = on=20 Slavery; 2 Kent, Com. 201; Rutherf. Inst. 238.

SMUGGLING. The fraudulent taking into a country, or out of it, = merchandise which is lawfully prohibited. Bac. Ab. h. t.

SO HELP YOU GOD. The formula at the end of a common oath, as=20 administered to a witness wlio testifies in chief.

SOCAGE, Eng. law. A tenure of lands by certain inferior = services in=20 husbandry, and not knight's service, in lieu of all other services. = Litt. sect.=20 117.

SOCER. The father of one's wife; a father-in-law.

SOCIDA, civ. law. This is the name of a contract by which one = man=20 delivers to another, either for a small recompense, or for a part of the = profits, certain animals, on condition that if any of them perish they = shall be=20 replaced by the bailer, or he shall pay their value.

2. This is a contract of hiring, with this condition, that the bailee = takes=20 upon him the risk of the loss of the thing hired. Wolff, =A7638.

SOCIETAS LEONINA. Among the Roman lawyers this term signified = that=20 kind of society or partnership by which the entire profits should belong = to some=20 of the partners in exclusion of the rest.

2. It was so called in allusion to the fable of the lion and other = animals,=20 who having entered into partnership for the purpose of hunting, the lion = appropriated all the prey to himself. Dig. 17, 2, 29, 2; Poth. Traite de = Societe, n. 12. See 2 McCord's R. 421; 6 Pick. 372.

SOCIETE EN COMMENDITE. This term is borrowed from the laws of = France,=20 and is used in Louisiana; the societe en commendite, or partnership in=20 commendam, is formed by a contract, by which one person or partnership = agrees to=20 furnish another person or partnership a certain amount, either in = property or=20 money, to be employed by the person or partnership to whom it is = furnished, in=20 his or their own name or firm, on condition of receiving a share in the = profits,=20 in the proportion determined by the contract, and of being liable to = losses and=20 expenses to the amount furnished and no more. Civ. Code of Lo. art. = 2810; Code=20 de Comm. 26, 33; 4 Pard. Dr. Com. n. 1027; Dall. Dict. mots Societe = Commerciale,=20 n. 166. Vide Commendam; Partnership.

SOCIETY. A society is a number of persons united together by = mutual=20 consent, in order to deliberate, determine, and act jointly for some = common=20 purpose.

2. Societies are either incorporated and known to the law, or = unincorporated,=20 of which the law does not generally take notice.

3. By civil society is usually understood a state, (q. v.) a nation, = (q. v.)=20 or a body politic. (q. v.) Rutherf. Inst. c. 1 and 2.

4. In the civil law, by society is meant a partnership. Inst. 3, 26; = Dig. 17,=20 2 Code, 4, 37.

SODOMITE. One who his been guilty of sodomy. Formerly such = offender=20 was punished with great severity, and was deprived of the power of = making a=20 will.

SODOMY, crim. law. The crime against nature, committed either = with man=20 or beast.

2. It is a crime not it to be named; peccatum illud horrible, inter=20 christianos non nominandum. 4 Bl. Com. 215; 1 East, P. C. 480, 487; Bac. = Ab. h.=20 t.; Hawk. b. 1, c. 4; 1 Hale, 669; Com. Dig. Justices, S 4; Russ. & = Ry. 331.=20

3. This crime was punished with great severity by the civil law. Nov. = 141;=20 Nov. 77; Inst. 4, 18, 4. See 1 Russ. on Cr. 568; R. & R. C. C. 331, = 412; 1=20 East, P. C. 437.

SOIL. The superficies of the earth on which buildings are = erected, or=20 may be

erected.

2. The soil is the principal, and the building, when erected, is the=20 accessory. Vide Dig. 6, 1, 49.

SOIT DROIT FAIT AL PARTIE, Eng. law. Let right be done to the = party.=20 This phrase is written on a petition of right, and subscribed by the = king. See=20 Petition of right.

SOKEMANS, Eng. law. Those who hold their land in socage. 2 Bl. = Com.=20 100.

SOLARES, Spanish law. Lots of ground. This term is frequently = found in=20 grants from the Spanish government of lands in America. 2 White's Coll. = 474.=20

SOLD NOTE, contracts. The name of an instrument in writing, = given by a=20 broker to a buyer of merchandise, in which it is stated that the goods = therein=20 mentioned have been sold to him. 1 Bell's Com. 5th ed. 435 Story on Ag. = =A728.=20 Some confusion may be found in the books as to the name of these notes; = they are=20 sometimes called bought notes. (q. v.)

SOLDIER. A military man; a private in the army.

2. The constitution of the United States, amendm. art. 3, directs = that no=20 soldier shall, in time of peace, be quartered in any house, without the = 'consent=20 of the owner; nor in time of war, but in a manner to be prescribed by = law.

SOLE. Alone, single; used in contradistinction to joint or = married. A=20 sole tenant, therefore, is one who holds lands in his own right, without = being=20 joined with any other. A feme sole is a single woman; a sole corporation = is one=20 composed of only one natural person.

SOLEMNITY. The formality established by law to render a = contract,=20 agreement, or other act valid.

2. A marriage, for example, would not be valid if made in jest, and = without=20 solemnity. Vide Marriage, and Dig. 4, 1, 7; Id. 45, 1, 30.

SOLICITATION OF CHASTITY. The asking a person to commit = adultery or=20 fornication.

2. This of itself, is not an indictable offence. Salk. 382; 2 Chit. = Pr. 478.=20 The contrary doctrine, bowever, has been held in Connecticut. 7 Conn. = Rep. 267.=20

3. In England, the bare solicitation of chastity is punished in the=20 ecclesiastical courts. 2 Chit. Pr. 478. Vide Str. 1100; 10 Mod. 384; = Sayer, 33;=20 1 Hawk. ch. 74; 2 Ld. Raym. 809.

4. The civil law punished arbitrarily the person who solicited the = chastity=20 of another. Dig. 47, 11, 1. Vide To persuade; 3 Phill. R. 508.

SOLICITOR. A person whose business is to be employed in the = care and=20 management of suits depending in courts of chancery.

2. A solicitor, like an attorney, (q. v.) will be required to act = with=20 perfect good faith towards his clients. He must conform to the authority = given=20 him. It is said that to institute a suit he must have a special = authority,=20 although a general authority will be sufficient to defend one. The want = of a=20 written authority, may subject him to the expenses incurred in a suit. 3 = Mer. R.=20 12; Hov, Fr. ch. 2, p. 28 to 61. Vide 1 Phil. Ev. 102; 19 Vin. Ab. 482; = 7 Com.=20 ]big. 357; 8 Com. Dig. 985; 2 Chit. Pr. 2. See Attorney at law; = Counsellor at=20 law; Proctor.

SOLICITOR OP THE TREASURY. The title of one of the officers of = the=20 United States, created by the act of May 29, 1830, 4 Sharsw. cont. of = Story, L.=20 U. S. 2206, which prescribes his duties aud his rights.

2. - 1. His powers and duties are, 1. Those which were by law vested = and=20 required from the agent of the treasury of the United States. 2. Those = which=20 theretofore belonged to the commissioner, or acting commissioner of the = revenue,=20 as relate to the superintendence of the collection of outstanding direct = and=20 internal duties. 3. To take charge of all lands which shall be conveyed = to the=20 United States, or set off to them in payment of debts, or which are = vested in=20 them by mortgage or other security; and to release such lands which had, = at the=20 passage of the act, become vested in the United States, on payment of = the debt=20 for which they were received. 4. Generally to superintend the collection = of=20 debts due to the United States, and receive statements from different = officers=20 in relation to suits or actions commenced for the recovery of the same. = 5. To=20 instruct the district attorneys, marshals, and clerks of the circuit and = district courts of the United States, in all matters and proceedings=20 appertaining to suits in which the United States are a party or = interested, and=20 to cause them to report to him any information he may require in = relation to the=20 same. 6. To report to the proper officer from whom the evidence of debt = was=20 received, the fact of its having been paid to him, and also all credits = which=20 have by due course of law been allowed on the same. 7. To make rules for = the=20 government of collectors, district attorneys and marshals, as may be = requisite.=20 8. To obtain from the district attorneys full accounts of all suits in = their=20 hands, and submit abstracts of the same to congress.

3. - 2. His rights are, 1. To call upon the attorney-general of the = United=20 States for advice and direction as to the manner of conducting the = suits,=20 proceedings and prosecutions aforesaid. 2. To receive a salary of three = thousand=20 five hundred dollars per annum. 3. To employ, with the approbation of = the=20 secretary of the treasury, a clerk, with a salary of one thousand five = hundred=20 dollars; and a messenger, with a salary of five hundred dollars. To = receive and=20 send all letters, relating to the business of his office, free of = postage.

SOLIDO, IN, civil law. In solido, is a term used to designate = those=20 contracts in which the obligors are bound, jointly and severally, or in = which=20 several obligees are each entitled to demand the whole of what is due. =

2. - 1. There is an obligation in solido on the part of debtors, when = they=20 are all obliged to the same thing, so that each may be compelled to pay = the=20 whole, and when the payment which is made by one of them, exonerates the = others=20 towards the creditor.

3. - 2. The obligation is in solido, or joint and several between = several=20 creditors, when the title expressly gives to each of them the right of = demanding=20 payment of the total of what is due, and when the payment to any one of = them=20 discharges the debtor. Civ. Code of La. 2083,2086; Merl. Repert. h. t.; = Domat,=20 Index, h. t. See In solido.

SOLITARY IMPRISONMENT. The punishment of separate confinement. = This=20 has been adopted in Pennsylvania, with complete success. Vide = Penitentiary.

SOLUTION, civil law. Payment.

2. By this term, is understood, every species of discharge or = liberation,=20 which is called satisfaction, and with which the creditor is satisfied. = Dig. 46,=20 3, 54; Code 8, 43, 17; Inst. 3, 30. This term has rather a reference to = the=20 substance of the obligation, than to the numeration or counting of the = money.=20 Dig. 50, 16, 176. Vide Discharge of a contract.

SOLVENCY. The state of a person who is able to pay all his = debts; the=20 opposite of insolvency. (q. v.)

SOLVENT. One who has sufficient to pay his debts, and all = obligations.=20 Dig. 50, 16, 114.

SOLVERE. To unbind; to untie; to release; to pay; solvere = dicimus eum=20 qui fecit quod facere promisit. 1 Bouv. Inst. n. 807.

SOLVIT AD DIEM, pleading. The name of a plea to an action on a = bond,=20 or other obligation to pay money, by which the defendant pleads that he = paid the=20 money on the day it was due. Vide 1 Stra. 652; Rep. Temp. Hardw. 133; = Com. Dig.=20 Pleader, 2 W 29.

2. This plea ought to conclude with an averment, and not to the = country. 1=20 Sid. 215; 12 John. R. 253; vide 2 Phil. Ev. 92; Coxe, R. 467.

SOLVITPOSTDIEM, pleading. The name of a special plea in bar to = an=20 action of debt on a bond, by which the defendant asserts that he paid = the money=20 after the day it became due. 1 Chit. Pl. 480, 555; 2 Phil. Ev. 93.

SOMNAMBULISM, med. juris. Sleep walking.

2. This is sometimes an inferior species of insanity, the patient = being=20 unconscious of what he is doing. A case is mentioned of a monk who was=20 remarkable for simplicity, candor and probity, while awake, but who = during his=20 sleep in the night, would steal, rob, and even plunder the dead. Another = case is=20 related of a pious clergyman, who during his sleep, would plunder even = his own=20 church. And a case occurred in Maine, where the somnambulist attempted = to hang=20 himself, but fortunately tied the rope to his feet, instead of his neck. = Ray.=20 Med. Jur. =A7294.

3. It is evident, that if an act should be done by a sleep walker, = while=20 totally unconscious of his act, he would not be liable to punishment, = because=20 the intention (q. v.) and will (q. v.) would be wanting. Take, for = example, the=20 following singular case: A monk late one evening, in the presence of the = prior=20 of the convent, while in a state of somnambulism, entered the room of = the prior,=20 his eyes open but fixed, his features contracted into a frown, and with = a knife=20 in his hand. He walked straight up to the bed, as if to ascertain if the = prior=20 were there, and then gave three stabs, which penetrated the bed clothes, = and a=20 mat which served for the purpose of a mattress; he returned. with an air = of=20 satisfaction, and his features relaxed. On being questioned the next day = by the=20 prior as to what he had dreamed the preceding night, the monk confessed = he had=20 dreamed that his mother had been murdered by the prior, and that her = spirit had=20 appeared to him and cried for vengeance, that he was transported with = fury at=20 the sight, and ran directly to stab the assassin; that shortly after be = awoke=20 covered with perspiration, and rejoiced to find it was only a dream. = Georget,=20 Des Maladies Mentales, 127.

4. A similar case occurred in England, in the last century. Two = persons, who=20 had been hunting in the day, slept together at night; one of them was = renewing=20 the chase in his dream, and, imagining himself present at the death of = the stag,=20 cried out aloud, "I'll kill him! I'll kill him!" The other, awakened by = the=20 noise, got out of bed, and, by the light of the moon, saw the sleeper = give=20 several deadly stabs, with a knife, on the part of the bed his companion = had=20 just quitted. Harvey's Meditations on the Night, note 35; Guy, Med. Jur. = 265.=20

SON, kindred. An immediate male descendant. In its technical meaning = in=20 devises, this is a word of purchase, but the testator may make it a word = of=20 descent. Sometimes it is extended to more remote descendants.

SON ASSAULT DEMESNE, pleading. His own first assault. A form = of a plea=20 to justify an assault and battery, by whicb the defendant asserts that = the=20 plaintiff committed an assault upon him, and the defendant merely = defended=20 himself.

2. When the plea is supported by evidence, it is a sufficient = justification,=20 unless the retaliation by the defendant were excessive, and bore no = proportion=20 to the necessity, or to the provocation received. 1 East, P. C. 406; 1 = Chit. Pr.=20 595.

SON-IN-LAW, in Latin called gener. The hushand of one's = daughter.

SOUND MIND. That state of a man's mind which is adequate to = reason and=20 comes to a judgment upon ordinary subjects, like other rational men. =

2. The law presumes that every person who has acquired his full age = is of=20 sound mind, and consequently competent to make contracts and perform all = his=20 civil duties; and he who asserts to the contrary must prove the = affirmation of=20 his position by explicit evidence, and not by conjectural proof. 2 Hagg = Eccl. R.=20 434; 3 Addams' R. 86; 8 Watts, R. 66; Ray, Med. Jur. =A792; 3 Curt. = Eccl. R. 671.=20 Vide Unsound mind.

SOUNDING IN DAMAGES. When an action is brought, not for the = recovery=20 of lands, goods, or sums of money, (as is the case in real or mixed = actions, or=20 the personal action of debt or detinue,) but for damages only, as in = covenant,=20 trespass, &c., the action is said to be sounding in damages. Steph. = Pl. 126,=20 127.

SOUNDNESS. In usual health; without any permanent disease. 1 = Carr.=20 & Marsh. 291. To create unsoundness, it is requisite that the animal = should=20 not be useful for the purpose for which he is bought, and that inability = to be=20 so useful should arise from disease or accident. 2 M. & Rob. 137; 9 = M. &=20 W. 670. 2 M. & Rob. 113.

2. In the sale of slaves and animals they are sometimes warranted by = the=20 seller to be sound, and it becomes important to ascertain what is = soundness.=20 Roaring; (q. v.) a temporary lameness, which renders a horse less fit = for=20 service; 4 Campb. 271; sed vide 2 Esp. Cas. 573; a cough, unless proved = to be of=20 a temporary nature; 2 Chit. R. 245, 416; and a nerved horse, have been = held to=20 be unsound. But crib-biting is not a breach of a general warranty of = soundness.=20 Holt, Cas. 630.

3. An action on the case is the proper remedy for a verbal warrant of = soundness. 1 H. Bl. R. 17; 3 Esp. 82; 9 B. & Cr. 259; 2 Dow. & = Ry. 10; 1=20 Bing. 344; 5 Dow. & R. 164; 1 Taunt. 566; 7 East, 274; Bac. Ab. = Action on=20 the Case, E.

SOURCES OF THE LAW. By this expression is understood the = authority=20 from which the laws derive their force.

2. The power of making all laws is in the people or - their = representatives,=20 and none can have any force whatever, which is derived from any other = source.=20 But it is not required that the legislator shall expressly pass upon all = laws,=20 and give the sanction of his seal, before they can have life or = existence. The=20 laws are therefore such as have received ala express sanction, and such = as=20 de-rive their force and effect from implication. The first, or express, = are the=20 constitution of the United States, and the treaties and acts of the = legislature=20 which have been made by virtue of the authority vested by the = constitution. To=20 these must be added the constitution of the state and the laws made by = the state=20 legislature, or by other subordinate legislative bodies, by virtue of = the=20 authority conveyed by such constitution. The latter, or tacit, received = their=20 effect by the general use of them by the people, when they assume the = name of=20 customs by the adoption of rules by the courts from systems of foreign = laws.=20

3. The express laws, are first, the constitution of the United = States;=20 secondly, the treaties made with foreign powers; thirdly, the acts of = congress;=20 fourthly, the constitutions of the respective states; fifthly, the laws = made by=20 the several state legislatures; sixthly, laws made by inferior = legislative=20 bodies, such as the councils of municipal corporations, and general = rules made=20 by the courts.

4. - 1. The constitution is an act of the people themselves, made by = their=20 representatives elected for that purpose. It is the supreme law of the = land, and=20 is binding on all future legislative bodies, until it shall be altered = by tho=20 authority of the people, in the manner, provided for in the instrument = itself,=20 and if an act be passed contrary to the provisions of the constitution, = it is,=20 ipso facto, void. 2 Pet. 522; 12 Wheat. 270; 2 Dall. 309; 3 Dall. 386; 4 = Dall.=20 18; 6 Cranch, 128.

5. - 2. Treaties made under the authority of the constitution are = declared to=20 be the supreme law of the land, and therefore obligatory on courts. 1 = Cranch,=20 103. See Treaty.

6. - 3. The acts and resolutions of congress enacted = constitutionally, are of=20 course binding as laws and require no other explanation.

7. - 4. The constitutions of the respective states, if not opposed to = the=20 provisions of the constitution of the United States, are of binding = force in the=20 states respectively, and no act of the state legislature has any force = which is=20 made in contravention of the state constitution.

8. - 5. The laws of the several states, constitutionally made by the = state=20 legislatures, have full and complete authority in the respective states. =

9. - 6. Laws are frequently made by inferior legislative bodies which = are=20 authorized by the legislature; such are the municipal councils of cities = or=20 boroughs. Their laws are generally known by the name of ordinances, and, = when=20 lawfully ordained, they are binding on the people. The courts, perhaps = by a=20 necessary usurpation, have been in the practice of making general rules = and=20 orders, which sometime affect suitors and parties as much as the most = regular=20 laws enacted by congress. These apply to all future cases. There are = also rules=20 made in particular cases as they arise, but these are rather decrees or=20 judgments than laws.

10. The tacit laws, which derive their authority from the consent of = the=20 people, without any legislative enactment, may be subdivided into 1st. = The=20 common law, which is derived from two sources, the common law of = England, and=20 the practice and decisions of our own courts. It is very difficult, in = many=20 cases, to ascertain what is this common law, and it is always = embarrassing to=20 the courts. Kirl. Rep. Pref. In some states, it has been enacted that = the common=20 law of England shall be the law, except where the same is inconsistent = with our=20 constitutions and laws. See Law.

2d. Customs which have been generally adopted by the people, have the = force=20 of law.

3d. The principles of the Roman law, being generally founded in = superior=20 wisdom, have insinuated themselves into every part of the law. Many of = the=20 refined rules which now adorn the common law appear there without any=20 acknowledgment of their paternity, and it is at this source that some = judges=20 dipt to get the wisdom which adorns their judgments. The proceedings of = the=20 courts of equity and many of the admirable distinctions which manifest = their=20 wisdom are derived from this source. To this fountain of wisdom the = courts of=20 admiralty owe most of the law which governs in admiralty cases.

4th. The canon law, which was adopted by the ecclesiastical courts, = figures=20 in our laws respecting marriage, divorces, wills and testaments, = executors and=20 administrators and many other subjects.

5th. The jurisprudence, or decisions of the various courts, have = contributed=20 their full share of what makes the law. These decisions are made by = following=20 precedents, by borrowing from the sources already mentioned, and, = sometimes by=20 the less excusable disposition of the judges to legislate on the bench. =

11. The monuments where the common law is to be found, are the = records,=20 reports of cases adjudicated by the courts, and the treatises of learned = men.=20 The books of reports are the best proof of what is the common law, but = owing to=20 the difficulty of finding out any systematic arrangement, recourse is = had to=20 treatises upon the various branches of the law. The records, owing to = their=20 being kept in one particular place, and therefore not generally = accessible, are=20 seldom used.

SOUS SEING PRIVE. An act sous seingprive, in Louisiana and by = the=20 French law, is an act or contract evidenced by writing under the private = signature of the parties to it. The term is used in opposition to the = authentic=20 act, which is an agreement entered into in the presence of a notary or = other=20 public officer.

2. The form of the instrument does not give it its character so much = as the=20 fact that it appears or does not appear to have been executed before the = officer. 7 N. S. 548 5 N. S. 196.

3. The effect of a sous seing prive is not the same as that of the = authentic=20 act. The former cannot be given in evidence until proved, and, unless=20 accompanied by possession, it does not, in general, affect third = persons; 6 N.=20 S. 429, 432; the latter, or authentic acts, are full evidence against = the=20 parties and those who claim under them. 8 N. S. 132. See Act; Authentic = act.=20

SOUTH CAROLINA. The name of one of the original states of the = United=20 States of America. For an account of its colonial history, see article = North=20 Carolina.

2. The constitution of this state was adopted the third day of June, = 1790, to=20 which two amendments have been made, one, ratified December 17, 1808, = and the=20 other, December 19, 1816. The powers of the government are distributed = into=20 three branches, the legislative, the executive, and the judicial.

3. - 1st. The legislative authority is vested in a general assembly, = which=20 consists of a senate and house of representatives.

4. - 1. The senate will be considered with reference to the = qualifications of=20 the electors; the qualifications of the members; the number of members; = the=20 duration of their office, and the time of their election. 1. Every free = white=20 man, of the age of twenty-one years, being a citizen of this state, and = having=20 resided therein two years previous to the day of election, and who hath = a=20 freehold of fifty acres of land, or a town lot, of which he hath been = legally=20 seised and possessed, at least six months before such election, or, not = having=20 such freehold or town lot, hath been a resident in the election = district, in=20 which he offers to give his vote, six mouths before the said election, = and hath=20 paid a tax the preceeding year of three shillings sterling towards the = support=20 of this government, shall have a right to vote for a member or members, = to serve=20 in either branch of the legislature, for the election district in which = he holds=20 such property, or is so resident. 2. No person shall be eligible to a = seat in=20 the senate, unless he is a free white man, of the age of thirty years = and hath=20 been a citizen and resident in this state five years previous to his = election.=20 If a resident in the election district, he shall not be eligible unless = he be=20 legally seised and possessed in his own right, of a settled freehold = estate of=20 the value of three hundred pounds sterling, clear of debt. If a = non-resident in=20 the election district, he shall not be eligible unless he be legally = seised and=20 possessed in his own right, of a settled freehold estate in the said = district,=20 of the value of one thousand pounds sterling, clear of debt. 3. The = senate is=20 composed of one member from each district as now established for the = election of=20 the house of representatives, except the district formed by the = districts of the=20 parishes of St. Philip and St. Michael, to which shall be allowed two = senators=20 as heretofore. Amend. of Dec. 17, 1808. 4. They are elected for four = years.=20 Ibid. 5. The election takes place on the second Monday in October. Art. = 1, s.=20 10.

5. - 2. The house of representatives will be considered in the same = order=20 which has been observed in considering the senate. 1. The qualification = of=20 electors are the same as those of electors of senators. 2. No person = shall be=20 eligible to a seat in the house of representatives, unless he is a free = white=20 man, of the age of twenty-one years, and hath been a citizen and = resident in=20 this state three years previous to his election. If a resident in the = election=20 district, he shall not be eligible to a seat in the house of = representatives,=20 unless he be legally seised and possessed in his own right, of a settled = free-hold estate of five hundred acres of land, and ten negroes; or of a = real=20 es-tate, of the value of one hundred and fifty pounds sterling, clear of = debt.=20 If a non-resident, he shall be legally seised and possessed of a settled = freehold estate therein, of the value of five hundred pounds sterling, = clear of=20 debt. 3. The house consists of one hundred and twenty-four members. = Amend. of=20 Dee. 17, 1808. 4. The members are elected for two years. Art. l, s. 2 . = 5. The=20 election is at the same time that the election of senators is held.

6. - 2. The executive authority is vested in a governor, and in = certain=20 cases, a lieutenant-governor.

7. - 1. Of the governor. It will be proper to consider his = qualifications; by=20 whom he is to be elected; when to be elected; duration of office; and = his powers=20 and duties. 1. No person shall be eligible to the office of governor, = unless he=20 bath attained the age of thirty years, and hath resided within this = state, and=20 been a citizen thereof, ten years, and unless he be seised and possessed = of a=20 settled estate within the same, in his own right, of the value of = fifteen=20 hundred pounds sterling, clear of debt. Art. 2, s. 2. 2. He is elected = by the=20 senate and house of representatives jointly, in the house of = representatives.=20 Art. 2, sect. 1. 3. He is to be elected whenever a majority of both = houses shall=20 be present. lb. 4. He is elected for two years, and until a new election = shall=20 be made. Ibid. 5. The governor is commander-in-chief of the army and = navy of the=20 state, and of the militia, except when they shall be called into the = actual=20 Service of the United States. He may grant reprieves and pardons, after=20 conviction, except in cases of impeachment, and remit fines and = forfeitures,=20 unless otherwise directed by law shall cause the laws to be faithfully = executed=20 in mercy - may prohibit the exportation of provisions, for any time not=20 exceeding thirty days-may require information from the executive = departments -=20 shall recommend such measures as he may deem necessary, and give the = assembly=20 information as to the condition of the state-may on extraordinary = occasions=20 convene the assembly, and in case of disagreement between the two houses = with=20 respect to the time of adjournment, adjourn them to such time as he = shall think=20 proper, not beyond the fourth Monday in the mouth of November then next = ensuing.=20

8. - 2. A lieutenant-governor is to be chosen at the same time, in = the same=20 manner, continue in office for the same period, and be possessed of the = same=20 qualifications as the governor. Art. 2, sect. 3. In case of the = impeachment of=20 the governor, or his removal from office, death, resignation, or absence = from=20 the state, the lieutenant-governor shall succeed to his office. And in = case of=20 the impeachment of the lieutenant-governor, or his removal from office, = death,=20 resignation, or absence from the state, the president of the senate = shall=20 succeed to his office, till a nomination to those offices respectively = shall be=20 made by the senate and house of representatives, for the remainder of = the time=20 for which the officer so impeached, removed from office, dying, = resigning, or=20 being absent, was elected. Art. 2, s. 5.

9. - 3. The judicial power shall be vested in such superior and = inferior=20 courts of law and equity, as the legislature shall, from time to time, = direct=20 and establish. The judges of each shall hold their commissions during = good=20 behaviour; and judges of the superior courts shall, at stated times, = receive a=20 compensation for their services, which shall neither be increased nor = diminished=20 during their continuance in office: but they shall receive no fees or=20 perquisites of office, nor, hold any other office of profit or trust, = under this=20 state, the United States, or any other power. Art. 3, sect. 1. The = judges are=20 required to meet at such times, and places, as shall be prescribed by = the act of=20 the legislature, and sit for the purpose of hearing and determining all = motions=20 which may be made for new trials, and in arrest of judgment, and such = points of=20 law as may be submitted to them. Amend. of Dec. 19, 1816.

SOVEREIGN. A chief ruler with supreme power; one possessing=20 sovereignty. (q. v.) It is also applied to a king or other magistrate = with=20 limited powers.

2. In the United States the sovereignty resides in the body of the = people.=20 Vide Rutherf. Inst. 282.

SOVEREIGN, Eng. law. The name of a gold coin of Great Britain = of the=20 value of one pound sterling.

SOVEREIGN STATE. One which governs itself independently of any = foreign=20 power.

SOVEREIGNTY. The union and exercise of all human power = possessed in a=20 state; it is a combination of all power; it is the power to do = everything in a=20 state without accountability; to make laws, to execute and to apply = them: to=20 impose and collect taxes, and, levy, contributions; to make war or = peace; to=20 form treaties of alliance or of commerce with foreign nations, and the = like.=20 Story on the Const. =A7207.

2. Abstractedly, sovereignty resides in the body of the nation and = belongs to=20 the people. But these powers are generally exercised by delegation.

3. When analysed, sovereignty is naturally divided into three great = powers;=20 namely, the legislative, the executive, and the judiciary; the first is = the=20 power to make new laws, and to correct and repeal the old; the second is = the=20 power to execute the laws both at home and abroad; and the last is the = power to=20 apply the laws to particular facts; to judge the disputes which arise = among the=20 citizens, and to punish crimes.

4. Strictly speaking, in our republican forms of government, the = absolute=20 sovereignty of the nation is in the people of the nation; (q. v.) and = the=20 residuary sovereignty of each state, not granted to any of its public=20 functionaries, is in the people of the state. (q. v.) 2 Dall. 471; and = vide,=20 generally, 2 Dall. 433, 455; 3 Dall. 93; 1 Story, Const. =A7208; 1 = Toull. n. 20=20 Merl. Reper. h. t.

SPADONES, civil law. Those who, on account of their = temperament, or=20 some accident they have suffered, are unable to procreate. Inst. 1, 11, = 9; Dig.=20 1, 7, 2, 1; and vide Impotence.

SPARSIM. This Latin adverb signifies scatteredly, here and = there, in a=20 scattered manner, sparsedly, dispersedly. It is sometimes used in law; = for=20 example, the plaintiff may recover the place wasted, not only where the = injury=20 has been total, but where trees, growing sparsim in a close, are cut. = Bac. Ab.=20 Waste, M; Brownl. 240; Co. Litt. 54, a; 4 Bouv. Inst. n. 3690.

TO SPEAK. This term is used in the English law, to signify the = permission given by a court to the prosecutor and defendant in some = cases of=20 misdemeanor, to agree together, after which the prosecutor comes into = court and=20 declares himself to be satisfied; when the court pass a nominal = sentence. 1=20 Chit. Pr. 17.

SPEAKER. The presiding officer of the house of representatives = of the=20 United States is so called. The presiding officer of either branch of = the state=20 legislatures generally bears this name.

SPEAKING DEMURRER, equity pleading. One which contains an = argument in=20 the body of it; as, for instance, when a demurrer says, "in or about the = year=20 1770," which is upwards of twenty years before the bill filed. 2 Ves. = jr. 83; S.=20 C. 4 Bro. C. C. 254.

SPECIAL. That which relates to a particular species or kind, = opposed=20 to general; as special verdict and general verdict; special imparlance = and=20 general imparlance; special jury, or one selected for a particular case, = and=20 general jury; special issue and general issue, &c.

SPECIAL AGENT. A special agent is one whose authority is = confined to a=20 particular, or an individual instance. It is a general rule, that he who = is=20 invested with a special authority, must act within the bounds of his = authority,=20 and he cannot bind his principal beyond what he is authorized to do. 2 = Bouv.=20 Inst. n. 1299; 2 John. 48; 1 Wash. C. C. lT4; 5 John. 48; 15 John. 44; 8 = Wend.=20 494.

SPECIAL ASSUMPSIT, practice. Where an action of assumpsit (q. = v.) has=20 been brought on a special contract, and the plaintiff declares upon it, = setting=20 out its particular language, or its legal effect. It is distinguished = from a=20 general assumpsit, where the plaintiff, instead of setting out the = particular=20 language, or effect of the original contract, declares as for a debt, = arising=20 out of the execution of the contract, where that constitutes the debt. 3 = Bouv.=20 Inst. n. 3426.

SPECIAL BAIL. A person who becomes specially bound to answer = for the=20 appearance of another; the recoguizance or act by which such person thus = becomes=20 bound, is also called special bail. Vide Bail.

SPECIAL CONSTABLE. One who has been appointed a constable for = a=20 particular occasion, as in the case of an actual tumult or a riot, or = for the=20 purpose of serving a particular process.

SPECIAL DAMAGES. Such as actually have been suffered, and are = not=20 implied by law. Vide Damages, Special; and 1 Chit. Pl. 385; Com. Dig. = Action on=20 the case for Defamation, D 30, G 11.

SPECIAL DEMURRER, pleading. One which excepts to the = sufficiency of=20 the pleadings on the opposite side, and shows specifically the nature of = the=20 objection, and the particular ground of the exception. 3 Bouv. Inst. n. = 3022.=20 See Demurrer.

SPECIAL DEPOSIT. A deposit made of a particular thing with the = depositary: it is distinguished from an irregular deposit.

2. When a thing has been specially deposited with a depositary, the = title to=20 it remains with the depositor, and if it should be lost, the loss will = fall upon=20 him. When, on the contrary, the deposit is irregular, as where money is=20 deposited in a bank, the title to which is transferred to the bank, if = it be,=20 lost, the loss will be borne by the bank. This will result from the same = principle; the loss will fall, in both instances, on the owner of the = thing,=20 according to the rule res perit domino. See 1 Bouv. Inst. n. 1 054.

SPECIAL ERRORS. Special pleas in error are those which assign = for=20 error matters in confession and avoidance, as a release of errors, the = act of=20 limitations, and the like, to which the plaintiff in error may reply or = demur.=20

SPECIAL IMPARLANCE, pleading. One which contains the clause, = "saving=20 to himself all advantages and exceptions, as well to the writ, as to the = declaration aforesaid." 2 Chit. Pl. 407, 8.

2. This imparlance admits the jurisdiction of the court, but the = defendant=20 may plead in abatement or to the action; that is, to the writ or the = count.=20 Gould. on Pl. c. 2, =A718; Lawes on Pl. 84. See imparlance.

SPECIAL INJUNCTION. One obtained only on motion and petition, = with=20 notice to the other party, and is applied for, sometimes on affidavit = before=20 answer, but more frequently upon merits disclosed in the defendant's = answer. 4=20 Bouv. lust. n. 3756. See Injunction.

SPECIAL ISSUE, pleading. A plea to the action which denies = some=20 particular material allegation, which is in effect a denial of the = entire right=20 of action. It differs from the general issue whicli traverses or denies = the=20 whole declaration or indictment. Gould. on Pl. c. 2, =A738. See General = Issue;=20 Issue.

SPECIAL JURY. One selected in a particular way by the parties. = A=20 pannel is made out, and each party is entitled to strike from it the = names of a=20 certain number of jurors, as provided for by the local statutes, and = from those=20 who remain, the jury in that case must be selected. This is also called = a struck=20 jury.

SPECIAL NON EST FACTUM. The name of a plea by which the = defendant says=20 that the deed which he has executed is not his own or binding upon him, = because=20 of some circumstance which shows that it was not intended to be his = deed, or=20 because it was not binding upon him for some lawful reason; as, when the = defendant delivered the deed to a third person as an escrow to be = delivered upon=20 a condition, and it has been delivered without the performance of the = condition,=20 he may plead non est factum, state the fact, of the conditional = delivery, the=20 non-performance of the condition, and add, "and so it is not his deed;" = or if=20 the defendant be a feme covert, she may plead non est factum, that she = was a=20 feme covert at the time the deed was made, "and so it is not her deed." = Bac. Ab.=20 Pleas, &c. H 3, 1 2; Gould. on Pl. c. 6, part 1, =A764. See Issint. =

SPECIAL OCCUPANT, estates. When an estate is granted to a man = and his=20 heirs during the life, of cestui que vie, and the grantee die without=20 alienation, and while the life for which he held continues, the heir = will=20 succeed, and is called a special occupant. 2 Bl. Com. 259. In the United = States=20 the statute provisions of the different states vary considerably upon = this=20 subject. In New York and New Jersey, special occupancy is abolished. = Virginia,=20 and probably Maryland, follow the English statutes; in Massachusetts and = other=20 states, where the real and personal estates of intestates are = distributed in the=20 same way and manner, the question does not seem to be material. 4 Kent, = Com. 27.=20

SPECIAL PARTNERSHIP. Special or limited partnerships are of = two kinds;=20 1. Those at common law. 2. Limited partnerships, or those in commendam. =

2. Special partnerships at common law, are those formed for a = particular or=20 special branch of business, as contradistinguished from the general = business of=20 the parties, or of one of them.

3. A limited or special partnership, under special acts of assembly, = may be=20 found in several states. In such partnerships some of the partners are = liable as=20 general partners, while others are responsible only to the extent of the = capital=20 they have furnished. See 2 Bouv. Inst. n. 1472, 1473, and In Commendam;=20 Partnership.

SPECIAL PLEA IN BAR. One which advances new matter. It differs = from=20 the general in this, that the latter denies some material allegation, = but never=20 advances new matter. Gould on Pl. c. 2, =A738.

SPECIAL PLEADER, Engl. practice. A special pleader is a lawyer = whose=20 professional occupation is to give verbal or written opinions upon = statements=20 submitted to him, either in writing or verbally, and to draw pleadings, = civil or=20 criminal, and such practical proceedings as may be out of the general = course. 2=20 Chit. Pr. 42.

SPECIAL PLEADING. The allegartion of special or new matter, as = distinguished from a direct denial of matter previously alleged on the = opposite=20 side. Gould on Pl. c. 1, s. 18; Co. Litt. 282; 3 Wheat. R. 246 Com. Dig. = Pleader, E 15.

SPECIAL PROPERTY. This term is used as synonymous with = qualified or=20 limited property. It is that property which is not perfect in the hands = of the=20 possessor, but his right is qualified or limited; as, where a person is=20 possessed of an animal ferae naturae, he has a property in such animal, = but this=20 is not a general right, for if the animal should escape, and be taken by = another=20 person, the latter only would have a special property in it.

2. Again, a person may have a special property in a chattel in = consequence of=20 the peculiar circumstances of the owner; a bailee, for example, has a = special=20 property in the thing bailed. 1 Bouv. Inst. n. 475 to 477.

SPECIAL REQUEST. One actually made, at a particular time and = place;=20 this term is used in contradistinction to a general request, which need = not=20 state. the time when, nor place where made. 3 Bouv. Inst. n. 2843.

SPECIAL RULE. A rule or order of court made in a particular = case, for=20 a particular purpose; it is distinguished from a general rule, which = applies to=20 a class of cases. It differs also from a common rule, or rule of course. =

SPECIAL TRAVERSE, pleading. A technical special traverse = begins in=20 most cases, with the words absque hoc, (without this,) which words in = pleading=20 form a technical form of negation. Lawes' Pl. 116 to 120.

2. A traverse commencing with these words is special, because, when = it thus=20 commences, the inducement and the negation are regularly both special; = the=20 former consisting of new matter, and the latter pursuing, in general, = the words=20 of the allegation traversed, or at least those of them which are = material. For=20 example, if the defendant pleads title to land in himself, by alleging = that=20 Peter devised the land to him, and then died seised in fee; and the = plaintiff=20 replies that Peter died seised in fee intestate, and alleges title in = himself,=20 as heir of Peter without this, that Peter devised the land to the = defendant; the=20 traverse is special. Here the allegation of Peter's intestacy, &c., = forms=20 the special inducement; and the absque hoc, with what follows it, is a = special=20 denial of the alleged devise, i. e. a denial of it in the words of the=20 allegation. Lawes on Pl. 119, 120; Gould, Pl. ch. 7, =A76, 7; Steph. Pl. = 188. Vide=20 Traverse; General Traverse.

SPECIAL TRUST. A special trust, is one where a trustee is = interposed=20 for the execution of some purpose particularly pointed out, and is not, = as in=20 the case of a simple trust, a mere passive depositary of the estate, but = is=20 required to exert himself actively in the execution of the settler's = intention;=20 as, where a conveyance is made to trustees upon trust to reconvey, or to = sell=20 for the payment of debts. 2 Bouv. Inst. n. 1896. See Trust.

SPECIAL VERDICT, practice. A special verdict is one by which = the facts=20 of the case are put on the record, and the law is submitted to the = judges. Vide=20 Verdict; Bac. Ab. Verdict, D.

SPECIALTY, contracts. A writing sealed aud delivered, = containing some=20 agreement. 2 Serg. & Rawle, 503; 1 Binn. Rep. 261; Willes, 189; 1 P. = Wms.=20 130. In a more confined meaning, it signifies a writing sealed and = delivered,=20 which is given as a security for the payment of a debt, in which such = debt is=20 particularly specified. Bac. Ab. Obligation, A.

2. Although in the body of the writing it is not said, that the = parties have=20 set their hands and seals, yet if the instrument be really sealed it is = a=20 specialty, and if it be not sealed, it is not a specialty, although the = parties=20 in the body of the writing make mention of a seal. 2 Serg. & Rawle, = 504; 2=20 Rep. 5 a; Perk. =A7129. Vide Bond; Debt; Obligation.

SPECIE. Metallic money issued by public authority.

2. This term is used in contradistinction to paper money, which in = some=20 countries is emitted by the government, and is a mere engagement which=20 repre-sents specie. Bank paper in the United States is also called paper = money.=20 Specie is the only constitutional money in this country. See 4 Monr. = 483.

SPECIFIC LEGACY. A bequest of a particular thing.

2. It follows that a specific legacy may be of animals or inanimate = things,=20 provided they are specified and separated from all other things; a = specific=20 legacy may therefore be of money in a bag, or of money marked and so = described;=20 as, I give two eagles to A B, on which are engraved the initials of my = name. A=20 specific legacy may also be given out of a general fund. Touch. 433 Amb. = 310; 4=20 Ves. 565; 3 Ves. & Bea. 5. If the specific article given be, not = found among=20 the assets of the testator, the legatee loses his legacy; but on the = other hand,=20 if there be a deficiency of assets, the specific legacy will not be = liable to=20 abate with the general legacies. 1 Vern. 31; 1 P. Wms. 422; 3 P. Wms. = 365; 3=20 Bro. C. C. 160; vide 1 Roper on Leg. 150; 1 Supp. to Ves. jr. 209 . Id. = 231; 2=20 Id. 112; and articles Legacy; Legatee.

SPECIFIC PERFORMANCE, remedies. The actual accomplishment of a = contract by the party bound to fulfil it.

2. Many contracts are entered into by parties to fulfil certain = things, and=20 then the contracting parties neglect or refuse to fulfil their = engagements. In=20 such cases the party grieved has generally a remedy at law, and he may = recover=20 damages for the breach of the contract; but, in many cases, the recovery = of=20 damages is an incompetent remedy, and the party seeks to recover a = specific=20 performance of the agreement.

3. It is a general rule, that courts of equity will entertain = jurisdiction=20 for a specific performance of agreements, whenever courts of law can = give but an=20 inadequate remedy; and it is immaterial whether the subject relate to = real or=20 personal estate. 1 Madd. Ch. Pr. 295; 2 Story on Eq. =A7717; 1 Sim, = & Stu.=20 607; 1 P. Wms. 570; 1 Sch. & Lef. 553; 1 Vern. 159.

4. But the rule is confined to cases where courts of law cannot give = an=20 adequate remedy. 2 Story on Eq. =A7718; Eden on Inj. ch. 3, p. 27. Vide, = generally, 2 Story on Eq. ch. 18, =A7712 to 792; 1 Supp. to Ves. jr. 96, = 148, 184,=20 211, 495; 2 Supp. to Ves. jr. 65, 164; Fonb. Eq. b. 1, c. 1, s. 5; Sugd. = Vend.=20 145.

SPECIFICATION, civil law. A term used in the civil law, by = which is=20 meant a person's making a new species or subject from materials = belonging to=20 another. Bouv. Inst. Theolo. ps. 1, c. 1, art. 1, =A74, Is. 4, p. 74. =

2. When the new species can be again reduced to the matter of which = it was=20 made, the law considers the former mass as still existing, and, = therefore, the=20 new species as an accessory to the former subject; but where the thing = made=20 cannot be so reduced, as in the case of wine, which cannot be again = turned into=20 grapes, there is no place for the fictio juris; and, there, the = workmanship=20 draws after it the property of the material. Inst. 2, 1, 25 Dig. 41, 1, = 7, 7.=20 See Accession; Confusion; Mixtion; and Aso & Man. Inst. B. 2, t. 2, = c. 8.=20

SPECIFICATION, practice, contracts. A particular and detailed = account=20 of a thing: example, in order to obtain a patent for an invention, it is = necessary to file a specification or an instrument of writing, which = must lay=20 open and disclose to the public every part of the process by which the = invention=20 can be made useful if the specification does not contain the whole truth = relative to the discovery, or contains more than is requisite to produce = the=20 desired effect, and the concealment or addition was made for the purpose = of=20 deception, the patent would be void; for if the specification were = insufficient=20 on account of its want of clearness, exactitude or good faith, it would = be a=20 fraud on society that the patentee should obtain a monopoly without = giving up=20 his invention. 2 Kent, Com. 300; 1 Bell's Com. part 2, c. 3, s. 1, p. = 112;=20 Perpigna on Pat. 67; Renouard, Des Brevets d'Inv. 252.

2. In charges against persons accused of military offences, they must = be=20 particularly described and clearly expressed; this is called the = specification.=20 Tytl. on Courts Mart. 109.

SPECIMEN. A sample; a part of something by which the other may = be=20 known.

2. The act of congress of July 4, 1836, section 6, requires the = inventor or=20 discoverer of an invention or discovery to accompany his petition and=20 specification for a patent with specimens of ingredients, an of the = composition=20 of matter, sufficient in quantity for the purpose of experiment, where = the=20 invention or discovery is of the composition of matter.

SPECULATION, contracts. The hope or desire of making a profit = by the=20 purchase and resale of a thing. Pard. Dr. Com. n. 12. The profit so = made; as, be=20 made a good speculation.

SPEECH. A formal discourse in public.

2. The liberty of speech is guarantied to members of the legislature, = to=20 counsel in court in debate.

3. The reduction of a speech to writing and its publication is a = libel, if=20 the matter contained in it is libelous; and the repetition of it upon = occasions=20 not warranted by law, when the matter is slanderous, wili be slander = and. tho=20 character of the speaker will be no protection to him from an action. 1 = M. &=20 S. 273; 1 Esp. C. 226 Bouv. Inst. Index, h. t. See Debate; Liberty of = speech.=20

SPELLING, The art of putting the proper letters in words.

2. It is a rule that when it appears with certainty what is meant, = bad=20 spelling will not avoid a contract; for example, where a man agreed to = pay=20 thirty pounds, he was held bound to pay thirty pounds; and seutene was = holden to=20 be seventeen. Cro. Jac. 607; 10 Coke, 133, a; 2 Roll. Ab. 147.

3. Even in an indictment undertood has been holden as understood. 1 = Chit. Cr.=20 Law.

4. A misspelling of a name in a declaration, will not be sufficient = to defeat=20 the plaintiff, on the ground of variance between the writing produced, = and the=20 declaration, if such name be idem sonans; as Kay for Key. 16 East, 110; = 2 Stark.=20 29; Segrave for Seagrave. 2 Str. 889. See Idem Sonans.

SPENDTHRIFT. By the Rev. Stat. of Vermont, tit. 16, c. 65, s. = 9,=20 spendthrift is defined to be a person who by excessive drinking) gaming, = idleness or debauchery of any kind, shall so spend, waste, or lessen his = estate=20 as to expose himself or his family to want or suffering, or expose the = town to=20 charge or expense, for support of himself or family.

SPERATE. That of which there is hope.

2. In the accounts of an executor and the inventory of the personal = assets,=20 he should distinguish between those assets which are sperate, and those = which=20 are desperate; he will be prima facie responsible for the former, and = discharged=20 for the latter. 1 Chit. Pr. 520; 2 Williams Ex. 644; Toll. Ex. 248. See=20 Desperate.

SPES RECUPERANDI. The hope of recovery. This term is applied = to cases=20 of capture of an enemy's property as a booty or prize. As between the=20 belligerent parties, the title to the property taken as a prize passes = the=20 moment there is no longer any hope of recovery. 2 Burr. Rep. 683. Vide = Infra=20 praesidea; Jus Postliminy; Bopty; Piize.

SPINSTER. An addition given, in legal writings, to a woman who = never=20 was married. Lovel. on Wills, 269.

SPLITTING A CAUSE OF ACTION. The bringing an action for only a = part of=20 the cause of action. This is not permitted either at law nor in equity. = 4 Bouv.=20 Inst. n. 4167.

SPOLIATION, Eng. eccl. law. The name of a suit sued out in the = spiritual court to recover for the fruits of the church, or for the = church=20 itself. F. N. B. 85.

2. It is also a waste of church property by an ecclesiastical person. = 3 Bl.=20 Com. 90.

SPOLIATION, torts. Destruction of a thing by the act of a = stranger;=20 as, the erasure or alteration of a writing by the act of a stranger, is = called=20 spoliation. This has not the effect to destroy its character or legal = effect. 1=20 Greenl. Ev. =A7566. 2. By spoliation is also understood the total = destruction of a=20 thing; as, the spoliation of papers, by the captured party, is generally = regarded as proof of. guilt, but in America it is open to explanation, = except in=20 certain cases where there is a vehement presumption of bad faith. 2 = Wheat. 227,=20 241; 1 Dods. Adm. 480, 486. See Alteration.

SPONSALIA, or STIPULATIO SPONSALITIA. A promise lawfully made = between=20 persons capable of marrying each other, that at some future time they = will=20 marry. See Espousals; Ersk. Inst. B. 1, t. 6, n. 3.

SPONSIONS, international law. Agreements or engagements made = by=20 certain public officers, as generals or admirals, in time of war, either = without=20 author-ity, or by exceeding the limits of authority under which they = purport to=20 be made.

2. Before these conventions can have any binding authority on the = state, they=20 must be confirmed by express or tacit ratification. The former is given = in=20 positive terms and in the usual forms; the latter is justly implied from = the=20 fact of acting under the agreement as if bound by it, and from any other = circumstance from which an assent may be fairly presumed. Wheat. Intern. = Law,=20 pt. 3, c. 2, =A73; Grotius, de Jur. Bel. ac Pac. 1. 2, c. 15, =A716; Id. = 1. 3, c.=20 22, 1-3: Vattel, Law of Nat, B. 2, c. 14, 209 -212; Wolff, 1156.

SPONSOR, civil law. He who intervenes for another voluntarily = and=20 without being requested. The engagement which he enters into is only = accessory=20 to the principal. Vide Dig. 17, 1, 18; Nov. 4, ch. 1 Code de Com. art. = 158, 159;=20 Code Nap. 1236 Wolff, Inst. =A71556.

SPRING. A fountain.

2. The owner of the soil has the exclusive right to use a spring = arising on=20 his grounds. When another has an easement, or right to draw water from = such a=20 spring, acquired by grant or prescription, if the spring fails the = easement=20 ceases, but if it returns, the right revives.

3. The waters which flow from the spring give rise to a variety of=20 diffi-culties, the principal of which are, 1st. The owner of the = inheritance in=20 which the spring arises turns their course. The owner of the inferior = estate,=20 whose, meadow they fertilized, and who is deprived of them, claiming the = right=20 to them. 2d. The owner of the spring does not prevent the water from = flowing on=20 the inferior estate, but gives them a new direction injurious to it. 3d. = The=20 owner of the superior inheritance disposes of the water in such a way as = to=20 deprive the owner of the estate below him. The rights of these different = owners=20 will be separately considered.

4. - l. The owner of land on which there is a natural spring, has a = right to=20 use it for domestic and culinary purposes and for watering his cattle, = and he=20 may make an aqueduct to another part of his land, and use all the water = required=20 to keep the aqueduct in order, or to keep the water pure. 15 Conn. 366. = He may=20 also use it for irrigation, provided the volume be not materially = decreased.=20 Ang. W. C. 34. Vide Irrigation; and 1 Root, 535; 2 Watts. 327; 2 Hill, = S. C.=20 634; Coxe, 460; 2 Dev. & Bat. 50; 9 Conn. 291; 3 Pick. 269; 13 Mass. = 420; 8=20 Mass. 136; 8 Greenl. 253.

5. - 2. The owner of the spring cannot lawfully turn the current or = give it a=20 new direction. He is bound to let it enter the inferior estate on the = same level=20 it has been accustomed to, and at the same place; for every man is = entitled to a=20 stream of water flowing through his land, without diminution or = alteration. 6=20 East, 206; 2 Conn. 584. Vide 3 Rawle, 84 12 Wend. 330; 10 Conn. 213; 14 = Verm.=20 239.

6. - 3. The owner of the superior inheritance, or of the land on = which there=20 is a spring, has no right to deprive the owner of the estate below him; = 1=20 Yeates, 574; 5 Pick. 175; 3 Har. & John. 231; 12 Verm. 178; 13 Conn. = 303; 3=20 Scam. 492; nor can be detain the water unreasonably. 17 John. 306; 2 B. = C. 910.=20 Vide Ham. N. P. 199; 1 Dall. 211; 3 Rawle's R. 256; Jus Aquaeductus; = Pool;=20 Stagnum; Back Water; lrrigation, Mill; Rain Water; Water Course.

SPRINGING USE, estates. One to arise on a future event, when = no=20 preceding estate is limited, and does not take effect in derogation of = any=20 preceding interest. Example: a grant is made to A in fee, to the use of = B in=20 fee, after the fourth of July; no use arises till the limited period. = The use in=20 the mean time results to the grantor, who has a determinable fee. A = springing=20 use differs from a resulting use, (q. v.) or a shifting use. (q. v.) 4 = Kent,=20 Com. 292; Com. Dig. Uses, K 7 Wils. on Springing Uses; Corn. on Uses, = 91; 2=20 Bouv. Inst. n. 1889.

SPY. One who goes into a place for the purpose of ascertaining = the=20 best way of doing an injury there.

2. The term is mostly applied to an enemy who comes into the camp for = the=20 purpose of ascertaining its situation in order to make an attack upon = it. The=20 punishment for, this crime is death. See Articles of War, 1 Story's Laws = U. S.=20 992; Vattel, Droit des Gens. liv. 3, =A7179.

SQUATTER. One who settles on the lands of others without any = legal=20 author-ity; this term is applied particularly to persons who settle on = the=20 public land. 3 Mart. N. S. 293.

TO STAB. To make a wound with a pointed instrument; a stab = differs=20 from a cut, (q. v.) or a wound. (q. v.) Russ. & Ry. 356; Russ. on = Cr. 597;=20 Bac. Ab. Maihem, B.

STAGNUM, estates. A pool. It is said to consist of land and = water, and=20 therefore by the name of stagnum, the water and the land may be passed. = Co.=20 Litt. 5.

STAKEHOLDER, contracts. A third person, chosen by two or more = persons,=20 to keep in deposit property, the right or possession of which is = contested=20 between them and to be delivered to the one who shall establish his = right to it.=20 Thus each of them is considered as depositing the whole thing. This=20 distin-guishes this contract from that which takes place when two or = more=20 tenants in common deposit a thing with a bailee. Domat, Lois Civ. liv. = 1, t. 7,=20 s. 4; 1 Vern. R. 44, n. 1.

2. A person having in his hands money or other property claimed by = several=20 others, is considered in equity as a stakeholder. 1 Vern. R. 144.

3. The duties of a stakeholder are to deliver the thing holden by him = to the=20 person entitled to it on demand. It is frequently questionable who is = entitled=20 to it. In case of an unlawful wager, although be may be justified for = delivering=20 the thing to the winner, by the express or implied consent of the loser; = 8,=20 John. 147; yet if before the event has happened he has been required by = either=20 party to give up the thing deposited with him by such party, he is bound = so to=20 deliver it; 3 Taunt. 377; 4 Taunt. 492; or if, after the event has = happened, the=20 losing party give notice to the stakeholder not to pay the winner, a = payment=20 made to him afterwards will be made in his own wrong, and the party who=20 deposited the money or thing may recover it from the stakeholder. 16 S. = & R.=20 147; 7 T. R. 536; 8 T. R. 575; 4 Taunt. 474; 2 Marsh. 542. See 3 Penns. = R. 468;=20 4 John. 426; 5 Wend. 250; 2 P. A. Browne, 182; 1 Bailey, 486, 503. See = Wagers.=20

STALE DEMAND. A stale demand is a claim which has been for a = long time=20 undemanded; as, for example, where there his been a delay of twelve = years,=20 unexplained. 3 Mason, 161.

STAMP, revenue. An impression made on paper, by order of the=20 government, which must be used in reducing certain contracts to writing, = for The=20 purpose of raising a revenue. Vide Stark. Ev. h. t.; 1 Phil. Ev. 444. =

2. Maryland is the only state in the United States that has enacted a = stamp.=20

TO STAND. To abide by a thing; to submit to a decision; to = comply with=20 an agreement; to have validity, as the judgment must stand.

STAND SEISED TO USES. This phrase is frequently used in = relation to=20 conveyances under the statute of uses. A covenant to stand seised to = uses is a=20 species of conveyance which derives its effect from the statute of uses, = by=20 which a man, seised of lands, covenants, in consideration of blood or = marriage,=20 that he will stand seised of the same, to the use of his child, wife, or = kinsman, for life, in tail or in fee. 2 Bouv. Inst. n. 2080.

STANDARD, in war. An ensign or flag used in war.

STANDARD, measure. A weight or measure of certain dimensions, = to which=20 all other weights and measures must correspond; as, a standard bushel. = Also the=20 quality of certain metals, to which all others of the same kind ought to = be made=20 to conform; as, standard gold, standard silver. Vide Dollar; Eagle; = Money.

STAPLE, intern. law. The right of staple as exercised by a = people upon=20 foreign merchants, is defined to be, that they may not allow them to set = their=20 merchandises and wares to sale but in a certain place.

2. This practice is not in use in the United States. 1 Chit. Com. = Law, 103; 4=20 Inst. 238; Malone, Lex Mere. 237; Bac. Ab. Execution, B 1. Vide Statute = Staple.=20

STAR CHAMBER, Eng. law. A court which formerly had great = jurisdiction=20 and power, but which was abolished by stat. 16, C. I., c. 10, on account = of its=20 usurpations and great unpopularity. It consisted of several of the lords = spir-itual and temporal, being privy counsellors, together with two = judges of=20 the courts of common law, without the intervention of a jury. Their = legal=20 jurisdiction extended over riots, perjuries, mishehaviour of public = officers,=20 and other great misdemeanors. The judges afterwards assumed powers, and=20 stretched those they possessed to the utmost bounds of legality. 4 Bl. = Com. 264.=20

STARE DECISIS. To abide or adhere to decided cases.

2. It is a general maxim that when a point has been settled by = decision, it=20 forms a precedent which is not afterwards to be departed from. The = doctrine of=20 stare decisis is not always to be relied upon, for the courts find it = necessary=20 to overrule cases which have been hastily decided, or contrary to = principle.=20 Many hundreds of such overruled cases may be found in the American and = English=20 books of reports. Mr. Greenleaf has made a collection of such cases, to = which=20 the reader is referred. Vide 1 Kent, Com. 477; Livingst. Syst. of Pen. = Law, 104,=20 5.

STARE IN JUDICIO. The act of appearing before a tribunal, = either as=20 plain-tiff or defendant. Vide Ester en jugement.

STATE, government. This word is used in various senses. In its = most=20 enlarged sense, it signifies a self-sufficient body of persons united = together=20 in one community for the defence of their rights, and to do right and = justice to=20 foreigners. In this sense, the state means the whole people united into = one body=20 politic; (q. v.) and the state, and the people of the state, are = equivalent=20 expressions. 1 Pet. Cond. Rep. 37 to 39; 3 Dall. 93; 2 Dall. 425; 2 = Wilson's=20 Lect. 120; Dane's Appx. =A750, p. 63 1 Story, Const. =A7361. In a more = limited=20 sense, the word `state' expresses merely the positive or actual = organization of=20 the legislative, or judicial powers; thus the actual government of the = state is=20 designated by the name of the state; hence the expression, the state has = passed=20 such a law, or prohibited such an act. State also means the section of = territory=20 occupied by a state, as the state of Pennsylvania.

2. By the word state is also meant, more particularly, one of the=20 commonwealths which form the United States of America. The constitution = of the=20 United States makes the following provisions in relation to the states. =

3. Art. 1, s. 9, =A75. No tax or duty shall be laid on articles = exported from=20 any state. No preference shall be given by any regulation of commerce or = re-venue to the ports of one state over those of another, nor shall = vessels=20 bound to or from one state be obliged to enter, clear, or pay duties in = another.=20

4. - =A76. No money shall be drawn from the treasury but in = consequence of=20 appropriations made by law; and a regular statement and account of the = receipts=20 and expenditures of all public money shall be published from time to = time.

5. - =A77. No title of nobility shall be granted by the United = States, and no=20 person holding any office of profit or trust under them shall, without = the=20 consent of congress, accept of any present, emolument, office, or title = of any=20 kind whatever, from, any king, prince, or foreign state.

6. - Art. 1, s. 10, =A71. No state shall enter into any treaty, = alliance, or=20 confederation; grant letters of marque and reprisal; coin money; emit = bills of=20 credit; make anything but gold and silver coin a tender in payments of = debts;=20 pass any bill of attainder, ex-post-facto, or law impairing the = obligation of=20 contracts; or grant any title of nobility.

7. - =A72. No state shall, without the consent of congress, lay any = imposts or=20 duties on imports or exports, except what may be absolutely necessary = for=20 executing its inspection laws; and the net produce of all duties and = imposts=20 laid by any state on imports or exports shall be for the use of the = treasury of=20 the United States, and all such laws shall be subject to the revision = and=20 control of congress. No state, shall, without the consent of congress, = lay any=20 duty on tonnage, keep troops or ships of war in time of peace, enter = into any=20 agreement or compact with another state, or with a foreign power, or = engage in=20 war, unless actually invaded, or in such imminent danger as will not = admit of=20 delay.

8. The district of Columbia and the territorial districts of the = United=20 States, are not states within the meaning of the constitution and of the = judiciary act, so as to enable a citizen thereof to sue a citizen of one = of the=20 states in the federal courts. 2 Cranch, 445; 1 Wheat. 91.

9. The several states composing the United States are sovereign and=20 independent, in all things not surrendered to the national government by = the=20 constitution, and are considered, on general principles, by each other = as=20 foreign states, yet their mutual relations are rather those of domestic=20 independence, than of foreign alienation. 7 Cranch, 481; 3 Wheat. 324; 1 = Greenl.=20 Ev. =A7489, 504. Vide, generally, Mr. Madison's report in the = legislature of=20 Virginia, January, 1800; 1 Story's Com. on Const. =A7208; 1 Kent, Com. = 189, note=20 b; Grotius, B. 1, c. 1, s. 14; Id. B. 3, c. 3, s. 2; Burlamaqui, vol. 2, = pt. 1,=20 c. 4, s. 9; Vattel, B. 1, c. 1; 1 Toull. n. 202, note 1 Nation; Cicer. = de Repub.=20 1. 1, s. 25.

STATE, condition of persons. This word has various acceptations. If = we=20 inquire into its origin, it will be found to come from the Latin status, = which=20 is derived from the verb stare, sto, whence has been made statio, which=20 signifies the place where a person is located, stat, to fulfil the = obligations=20 which are imposed upon him.

2. State is that quality which belongs to a person in society, and = which=20 secures to, and imposes upon him different rights and duties in = consequence of=20 the difference of that quality.

3. Although all men come from the hands of nature upon an equality, = yet there=20 are among them marked differences. It is from nature that come the = distinctions=20 of the sexes, fathers and children, of age and youth, &c.

4. The civil or municipal laws of each people, have added to these = natural=20 qualities, distinctions which are purely civil and arbitrary, founded on = the=20 manners of the people, or in the will of the legislature. Such are the=20 differences, which these laws have established between citizens and = aliens,=20 between magistrates and subjects, and between freemen and slaves; and = those=20 which exist in some countries between nobles and plebeians, which = differences=20 are either unknown or contrary to natural law.

5. Although these latter distinctions are more particularly subject = to the=20 civil or municipal law, because to it they owe their origin, it = nevertheless=20 extends its authority over the natural qualities, not to destroy or to = weaken=20 them, but to confirm them and to render them more inviolable by positive = rules=20 and by certain maxims. This union of the civil or municipal and natural = law,=20 form among men a third species of differences which may be called mixed, = because=20 they participate of both, and derive their principles from nature and = the=20 perfection of the law; for example, infancy or the privileges which = belong to=20 it, have their foundation in natural law; but the age and the term of = these=20 prerogatives are determined by the civil or municipal law.

6. Three sorts of different qualities which form the state or = condition of=20 men may then be distinguished: those which are purely natural, those = purely=20 civil, and those which are composed of the natural and civil or = municipal law.=20 Vide 3 Bl. Com. 396; 1 Toull. n. 170, 171; Civil State.

TO STATE. To make known specifically; to explain particularly; = as, to=20 state an account, or to show the different items of an account; to state = the=20 cause of action in a declaration.

STATEMENT, pleading and in practice. In the courts of = Pennsylvania, by=20 the act to regulate arbitrations and proceedings in courts of justice, = passed=20 March 21, 1806, 4 Smith's Laws of Penn. 828, it is enacted, "that in all = cases=20 where a suit may be brought in any court of record for the recovery of = any debt=20 founded on a verbal promise, book account, note, bond, penal or single = bill, or=20 all or any of them, and which from the amount thereof may not be = cognizable=20 before a justice of the peace, it shall be the duty of the plaintiff, = either by=20 himself, his agent or attorney, to file in the office of the = pro-thonotary a=20 statement of his, her or their demand, on or before the third day of the = term to=20 which the process issued is returnable, particularly specifying the date = of the=20 promise, book account, note, bond, penal or single bill or all or any of = them,=20 on which the demand is founded, and the whole amount which he, she, or = they=20 believe is justly due to him, her or them from the defendant."

2. This statement stands in the place of a declaration, and is not=20 restric-ted to any particular form; 3 Serg. & Rawle, 406; it is an=20 immethodical declaration, stating in substance the time of the contract, = the=20 sum, and on what founded, with (what is an important principle in a = statement, 6=20 Serg. & Rawle, 21,) a certificate of the belief of the plaintiff or = his=20 agent, of what is really due. Serg. & Rawle, 28. See 6 Serg. & = Rawle,=20 53; 8 Serg. & Rawle, 567; 2 Serg. & Rawle, 537; 2 Browne's R. = 40; 8=20 Serg. & R. 316.

STATES. By this name are understood in some countries, the = assembly of=20 the different orders of the people to regulate the affairs of the = commonwealth,=20 as, the states general.

STATION, civil law. A place where ships may ride in safety. = Dig. 49,=20 12, 1, 13; id. 50, 15, 59.

STATING-PART OF A BILL, chancery practice. That part of a bill = which=20 contains a narrative of the facts and circumstances of the plaintiff's = case, and=20 the wrong or grievance of which he complains, and the names of the = persons by=20 whom done, and against whom he seeks redress, is called the stating part = of the=20 bill. Bart. Suit in Eq. 27; Coop. Eq. Pl. 9; Story, Eq. Pl. =A727.

STATU LIBERI, in Louisiana. Slaves for a time, who have = acquired the=20 right of being free at a time to come, or on a condition which is not = fulfilled,=20 or in a certain event which has not happened, but who, in the mean time, = remain=20 in a state of slavery. Code, art. 37. See 8 M. R. 219; 3 L. R. 176; 6 L. = R. 571;=20 4 N. S. 102; 7 N. S. 351. This is substantially the definition of the = civil law.=20 Hist. de la Jur. 1. 40; Dig. 40, 7, 1; Code, 7, 2, 13.

STATUS. The condition of persons. It also means estate, = because it=20 signifies the condition or circumstances in which the owner stands with = regard=20 to his property. 2 Bouv. Inst. n. 1689.

STATUTE. The written will of the legislature, solemnly = expressed=20 according to the forms prescribed in the constitution; an act of the=20 legislature.

2. This word is used in contradistinction to the common law. Statutes = acquire=20 their force from the time of their passage unless otherwise provided. 7 = Wheat.=20 R. 104: 1 Gall . R. 62.

3. It is a general rule that when the provision of a statute is = general,=20 everything which is necessary to make such provision effectual is = supplied by=20 the common law; Co. Litt. 235; 2 Inst. 222; Bac. Ab. h. t. B; and when a = power=20 is given by statute, everything necessary for making it effectual is = given by=20 implication: quando le aliquid concedit, concedere videtur et id pe quod = devenitur ad aliud. 12 Co. 130, 131 2 Inst. 306.

4. Statutes are of several kinds; namely, Public or private. 1. = Public=20 statutes are those of which the judges will take notice without = pleading; as,=20 those which concern all officers in general; acts concerning trade in = general or=20 any specific trade; acts concerning all persons generally. 2. Private = acts, are=20 those of which the judges wiil not take notice without pleading; such as = concern=20 only a particular species, or person; as, acts relating to any = particular place,=20 or to several particular places, or to one or several particular = counties.=20 Private statutes may be rendered public by being so declared by the = legislature.=20 Bac. Ab. h. t. F; 1 Bl. Com. 85. Declaratory or remedial. 1. A = declaratory=20 statute is one which is passed in order to put an end to a doubt as to = what the=20 common law is, and which declares what it is, and has ever been. 2. = Remedial=20 statutes are those which are made to supply such defects, and abridge = such=20 superfluities in the common law as may have been discovered. 1 Bl. Com. = 86.=20 These remedial statutes are themselves divided into enlarging statutes, = by which=20 the common law is made more comprehensive and extended than it was = before; and=20 into restraining statutes, by which it is narrowed down to that which is = just=20 and proper. The term remedial statute is also applied to those acts = which give=20 the party injured a remedy, and in some respects those statutes are = penal. Esp.=20 Pen. Act. 1.

6. Temporary or perpetual. 1. A temporary statute is one which is = limited in=20 its duration at the time of its enactment. It continues in force until = the time=20 of its limitation has expired, unless sooner repealed. 2. A perpetual = statute is=20 one for the continuance of which there is no limited time, although it = be not=20 expressly declared to be so. If, however, a statute which did not itself = contain=20 any limitation, is to be governed by another which is temporary only, = the former=20 will also be temporary and dependent upon the existence of the latter. = Bac. Ab.=20 h. t. D.

7. Affirmative or negative. 1. An affirmative statute is one which is = enacted=20 in affirmative terms; such a statute does not take away the common law. = If, for=20 example, a statute without negative words, declares that when certain = requisites=20 shall have been complied with, deeds shall, have in evidence a certain = effect,=20 this does not prevent their being used in evidence, though the = requisites have=20 not been complied with, in the same manner as they might have been = before the=20 statute was passed. 2 Cain. R. 169. 2. A negative statute is one = expressed in=20 negative terms, and so controls the common law, that it has no force in=20 opposition to the statute. Bro. Parl. pl. 72; Bac. Ab. h. t. G.

8. Penal statutes are those which order or prohibit a thing under a = certain=20 penalty. Esp. Pen. Actions, 5 Bac. Ab. h. t. I, 9. Vide, generally, Bac. = Ab. h.=20 t.; Com. Dig. Parliament; Vin. Ab. h. t.; Dane's Ab. Index, h. t.; Chit. = Pr.=20 Index, h. t.; 1 Kent, Com. 447-459; Barrington on the Statutes, Boscaw. = on Pen.=20 Stat.; Esp. on Penal Actions and Statutes.

9. Among the civilians, the term statute is generally applied to all = sorts of=20 laws and regulations; every provision of law which ordains, permits, or=20 prohibits anything is a statute without considering from what source it = arises.=20 Sometimes the word is used in contradistinction to the imperial Roman = law,=20 which, by way of eminence, civilians call the common law. They divide = statutes=20 into three classes, personal, real and mixed.

10. Personal statutes are those which have principally for their = object the=20 person, and treat of property only incidentally; such are those which = regard=20 birth, legitimacy, freedom, the fight of instituting suits, majority as = to age,=20 incapacity to contract, to make a will, to plead in person, and the = like. A=20 personal statute is universal in its operation, and in force everywhere. =

11. Real statutes are those which have principally for their object,=20 property, and which do not speak of persons, except in relation to = property;=20 such are those which concern the disposition, which one may make of his = property=20 either alive or by testament. A real statute, unlike a personal one, is = confined=20 in its operation to the country of its origin.

12. Mixed statutes are those which concern at once both persons and = property.=20 But in this sense almost all statutes are mixed, there being scarcely = any law=20 relative to persons, which does not at the same time relate to things. = Vide=20 Merl. Repert. mot Statut; Poth. Cout. d'Orleans, ch. 1; 17 Martin's Rep. = 569-589; Story's Confl. of Laws, =A712, et seq.; Bouv. Inst. Index, h. = t.

STATUTE MERCHANT, English law. A security entered before the = mayor of=20 London, or some chief warden of a city, in pursuance of 13 Ed. 1. stat. = 3, c. 1,=20 whereby the lands of the debtor are conveyed to the creditor, till out = of the=20 rents and profits of them, his debt may be satisfied. Cruise, Dig. t. = 14, s. 7;=20 2 Bl. Com. 160.

STATUTES STAPLE, English law. The statute of the staple, 27 = Ed. HI.=20 stat. 2, confined the sale of all commodities to be exported to certain = towns in=20 England, called estaple or staple, where foreigners might resort. It = authorized=20 a security for money, commonly called statute staple, to be taken by = traders for=20 the benefit of commerce; the mayor of the place is entitled to take a=20 recognizance of a debt, in proper form, which has the effect to convey = the lands=20 of the debtor to the creditor, till out of the rents and profits of them = he may=20 be satisfied. 2 Bl. Com. 160; Cruise, Dig. tit. 14, s. 10; 2 Rolle's Ab. = 446;=20 Bac. Ab. Execution, B. 1 4 Inst. 238.

STATUTI, Rom. civ. law. From Constantine to Justinian, = advocates, were=20 arranged in two classes: viz. those called Statuti, and the = supernumeraries. (q.=20 v.) The Statute were those advocates whose names were inscribed in the = registers=20 of matriculation, and formed a part of the college of advocates. The = number of=20 advocates of this class was limited. See Calvini Lex ad vocem.

STAY OF EXECUTION, practice. A term during which no execution = can=20 issue on a judgment.

2. It is either conventional, when the parties agree that no = execution shall=20 issue for a certain period; or it is granted by law, usually on = condition of=20 entering bail or security for the money.

3. An execution issued before the expiration of the stay is irregular = and=20 will be set aside; and the plaintiff in such case may be liable to an = action for=20 damages. What is said above refers to civil cases.

4. In criminal cases when a woman is capitally convicted, and she is = proved=20 to be enceinte, (q. v.) there shall be a stay of execution till after = her=20 delivery. Vide Pregnancy.

STAYING PROCEEDINGS. The suspension of an action.

2. Proceedings are stayed absolutely or conditionally.

3. - 1. They are peremptorily stayed when the plaintiff is wholly=20 incapaci-tated from suing; as, for example, when the plaintiff is not = the=20 holder, nor beneficially interested in a bill on which he has brought = his=20 action; 2 Cr, & M. 416; 2 Dowl. 336; Chitty on Bills, 335; 3 Chitty, = Pr.=20 628; or when the plaintiff admits in writing, that he has no cause of = action; 3=20 Chit. Prac. 370, 630; or when an action is brought contrary to good = faith.=20 Tidd's Prac. 515, 529, 1134; 3 Chit. Pr. 633.

4. - 2. Proceedings are sometimes stayed until some order of the = court shall=20 have been complied with; as, when the plaintiff resides in a foreign = country, or=20 in another estate, or is insolvent, and he has been ruled to give = security for=20 costs, the proceedings are stayed until such security shall be given; = see=20 Security for Costs; 3 Chit. Pr, 633, 635; or until the payment of costs = in a,=20 former action. 1 Chit. R. 195; 18 E. C. L. R. 64.

STEALING. This term imports, ex vi termini, nearly the same as = larceny; but in common parlance, it does not always import a felony; as, = for=20 example, you stole an acre of my land.

2. In slander cases, it seems that the term stealing takes its = complexion=20 from the subject-matter to which it is applied, and will be considered = as=20 intended of a felonious stealing, if a felony could have been committed = of such=20 subject-matter. Stark. on Slan. 80; 12 Johns. Rep. 239; 3 Binn. R. 546; = Whart.=20 Dig. tit. Slander.

STELLIONATE, civil law. A name given generally, to all species = of=20 frauds committed in making contracts.

2. This word is said to be derived from the Latin stellio, a kind of = lizard=20 remarkable for its cunning and the change of its color, because those = guilty of=20 frauds used every art and cunning to conceal them. But more particularly = it was=20 the crime of a person who fraudulently assigned, sold, or engaged the = thing=20 which he had before assigned sold, or engaged to another, unknown to the = person=20 with whom be was dealing. Dig. 47, 20, 3; Code, 9, 34, 1; Merl. Repert. = h. t.;=20 Code Civil, art. 2069; 1 Bro. Civ. Law, 426.

3. In South Carolina and Georgia, a mortgagor who makes a second = mortgage=20 without disclosing in writing, to the second mortgagee, the existence of = the=20 first mortgage, is not allowed to redeem and, in the foraier state, when = a=20 person suffers a judgment, or enters into a statute or recognizance = binding his=20 land, afterwards mortgages it, without giving notice, in writing, of the = prior=20 incumbrance, he shall not be allowed to redeem, unless, within six = months from a=20 written demand, he discharges such incumbrauce. Prin. Dig. 161; 1 Brev. = Dig.=20 166-8.

4. In Ohio a fraudulent conveyance is punished as a crime; Walk. = Intr. 350;=20 and, in Indians, any party to a fraudulent conveyance is subjected to a = flue and=20 to double damages. Ind. Rev. Laws, 189. See 12 Pet. 773.

STEP-DAUGHTER. In Latin privigna, is the daughter of one's = wife, or of=20 one's hushand.

STEP-FATHER. In Latin vitricus, is the hushand of one's mother = who is=20 not the father of the person spoken of.

STEP-MOTHER. In Latin noverca, is the wife of one's father, = who is not=20 the mother of the person spoken of.

STEP-SON. In Latin privignus, is the son of one's wife, or of = one's=20 hushand.

STERE. A French measure of solidity used in measuring wood. It = is a=20 cubic metre. Vide Measure.

STERILITY. Barrenness; incapacity to produce a child. It is = curable=20 and incurable; when of the latter kind, at the time of the marriage, and = arising=20 from impotency, it is a good cause for dissolving a marriage. 1 Fodere, = Med.=20 Leg. =A7254. See Impotency.

STERLING. Current money of Great Britain, but anciently a = small coin,=20 worth about one penny; and so called, as some suppose, because it was = stamped=20 with the figure of a small star, or, as others suppose, because it was = first=20 stamped in England in the reign of King John, by merchants from Germany = called=20 Esterlings. Pounds sterling, originally signified so many pounds in = weight of=20 these coins. Thus we find in Matthew Paris, A.D. 1242, the expression = "Accepit a=20 rege pro stipendio tredecim libras esterlingorum." The secondary or = derived=20 sense is a certain value in current money, whether in coins or other = currency.=20 Lowndes, 14. Watts' Gloss. Ad verbum.

STET PROCESSUS, practice. An order made, upon proper cause = shown, that=20 the process remain stationary. As where a defendant having become = insolvent=20 would, by moving judgment in the case of nonsuit, compel a plaintiff to = proceed,=20 the court will, on an affidavit, of the fact of insolvency, award a stet = proces-sus. See 7 Taunt. Rep. 180, 1 Chit. Rep. 738; 10 Wentw. Pl. 43. =

STEVEDORE. A person employed in loading and unloading vessels. = Dunl.=20 Adm. Pr. 98. Vide Arrameurs; Sac

STEWARD OF ALL ENGLAND. Seneschallus totius Angliae. An = officer among=20 the English who was invested with various powers, and, among others, it = was his=20 duty to preside on the trial of peers.

STEWS, Eng. law., Places formerly permitted in England to = women of=20 professed lewdness, and who, for hire, would prostitute their bodies to = all=20 comers.

2. These places were so called because the dissolute persons who = visited them=20 prepared themselves by bathing; the word stews being derived from the = old French=20 estuves, stove, or hot bath. 3 Inst. 205.

STILLICIDIUM, civ. law. The rain water that falls from the = roof or=20 eaves of a house by scattered drops. When it is gathered into a spout it = is=20 called flumen.

2. Without the constitution of one or other of these servitudes, no=20 proprietor can build so as to throw the rain that falls from his house = directly=20 on his neighbor's grounds; for it is a restriction upon all property, = nemo=20 pro-test immitere in alienum; and he who in building breaks through that = res-traint, truly builds on another man's property; because to = whomsoever the=20 area belong's, to him also belongs whatever is above it: cujus est = solum, ejas=20 est usque ad caelum. 3 Burge on the Conf. of Laws, 405. Vide Servitus=20 Stillicidii. Inst. 3, 2, 1; Dig. 8, 2, 2.

STINT, Eng. law. The proportionable part of a man's cattle, = which he=20 may keep upon the common.

2. To use a thing without stint, is to use it without limit.

STIPULATED DAMAGES, contracts. The sum agreed by the parties = to be=20 paid, on a breach of a contract, by the party violating his engagement = to the=20 other.

2. It is difficult to distinguish, in some cases, between stipulated = damages=20 and a penalty; (q. v.) 3 Chitty's Commer. Law, 627; 2 Bos. & Pull. = 346. The=20 effect of inserting stipulated damages, either at law or equity, a pears = to be,=20 that both parties must abide by the stipulation, and the prescribed sum = must be=20 given. Holt, C. N. P. 46 Newl. Contr. 313; see 5 Taunt. Rep. 247. Vide = Damages,=20 Liquidated.

STIPULATION, contracts. In the Roman law, the contract of = stipulation=20 was made in the following manner, namely; the person to whom the promise = was to=20 be made, proposed a question to him from whom it was to proceed, fully=20 expressing tho nature and extent of the engagement and, the question so = proposed=20 being answered in the affirmative, the obligation was complete.

2. It was essentially necessary that both parties should speak, (so = that a=20 dumb man could not enter into a stipulation) that the person making the = promise=20 should answer conformably to the specific question, proposed, without = any=20 material interval of time, and with the intention of contracting an = obligation.=20

3. From the general use of this mode of contracting, the term = stipulation has=20 been introduced into common parlance, and, in modern language, = frequently=20 refer's to any thing which forms a material article of an agreement; = though it=20 is applied more correctly and more conformably to its original meaning = to denote=20 the insisting upon and requiring any particular engagement. 2 Evans' = Poth. on=20 Oblig. 19.

4. In this contract the Roman law dispensed with an actual = consideration.=20 See, generally, Pothier, Oblig. P. 1, c. 1, s. 1, art. 5.

5. In the admiralty courts, the first process is freq uently to = arrest the=20 defendant, and then they take the recognizances or stipulation of = certain fide=20 jussors in the nature of bail. 3 Bl. Comm. 108; vide Dunlap's Adm. = Practice,=20 Index, h. t.

6. These stipulations are of three sorts, namely: l. Judicatum solvi, = by=20 which the party is absolutely bound to pay such sum as may be adjudged = by the=20 court. 2 De judico sisti, by which he is bound to appear from time to = time,=20 during the pendency of the suit, and to abide the sentence. 3. De ratio, = or De=20 rato, by which he engages to ratify the acts of his proctor: this = stipulation is=20 not usual in the admiralty courts of the United States.

7. The securities are taken in the following manner, namely: 1. = Cautio fide=20 jussoria, by sureties. 2. Pignoratitia; by deposit. 3. Juratoria, by = oath: this=20 security is given when the party is too poor to find sureties, at the = discretion=20 of the court. 4. Aude promissoria, by bare promise: this security is = unknown in=20 the admiralty courts of the United States. Hall's Adm. Pr. 12; Dunl. = Adm. Pr.=20 150, 151. See 17 Am. Jur. 51.

STIRPES, descents. The root, stem, or stock of a tree. = Figuratively,=20 it signifies, in law, that person from whom a family is descended, and = also the=20 kindred or family.

2. It is chiefly used in estimating the several interests of the = different=20 kindred, in the distribution of an intestate's estate. 2 Bl. Com. 517 = and vide=20 Descent; Line.

STOCK, mer. law. The capital of a merchant tradesman, or other person = including his merchandise, money and credits. In a narrower sense it = signifies=20 only the goods and wares he has for sale and traffic. The capital of=20 corporations is also called stock; this is usually divided into shares = of a=20 definite value, as one hundred dollars, fifty dollars per share.

2. The stock held by individuals in corporations is generally = considered as=20 personal property. 4 Dane's Ab. 670; Sull. on Land. Titl. 71; Walk. = Introd. 211;=20 1 Hill, Ab. 1 8.

STOCK, descents. This is a metaphorical expression which = designates,=20 in the genealogy of a family, the person from whom others are descended: = those=20 persons who have so descended are called branches. Vide 1 Roper on Leg. = 103; 2=20 Suppl. to Ves. 307 and Branch; Descent Line; Stirpes.

STOCKS, crim. law. A machine commonly made of wood, with boles = in it,=20 in which to confine persons accused of or guilty of a crime.

2. It was used either to confine unruly offenders by way of security, = or=20 convicted criminals for punishment.

3. This barbarous punishment has been generally abandoned in the = United=20 States.

STOPPAGE IN TRANSITU, contracts. This is the name of that act = of a=20 vendor of goods, upon a credit, who, on learning that the buyer has = failed,=20 resumes the possession of the goods, while they are in the hands of a = carrier or=20 middle-man, in their transit to the buyer, and before they get, into his = actual=20 possession.

2. The subject will be considered with reference to, 1. The person = who has a=20 right to stop goods in transitu. 2. The property whicli may be stopped. = 3. The=20 time when to be stopped. 4. The, manner of stopping. 5. The failure of = the=20 buyer. 6. The effect of stopping.

3. - 1. The right of stopping property in transitu is confined to = cases in=20 which the consignor is substantially the seller; and does not extend to = a mere=20 surety for the price, nor to any person who does not rest his claim on a = proprietor's right. 6 East, R. 371; 4 Burr. 2047; 3 T. R. 119, 783; 1 = Bell's=20 Com. 224.

4. - 2. The property stopped must be personal property actually sold = or=20 bartered, on a credit. 2 Dall. 180; 1 Yeates, 177.

5. - 3. It must be stopped during the transit, and while something = remains to=20 be done to complete the delivery; for the actual or symbolical, delivery = of the=20 goods to the buyer puts an end to the right of the seller to stop the = goods in=20 transitu; 3 T. R. 464; 8 T. R. 199; but it has been decided that if, = before=20 delivery, the seller annex a condition that security, shall be given = before=20 taking possession; or that the price shall be paid in ready money; or = that a=20 bill shall be delivered; the property will not pass by the mere act of = the=20 buyer's attaining the possession. 3 Esp. Rep. 58., When the seller has = given the=20 buyer documents sufficient to transfer the property, and the buyer, upon = the=20 strength of such documents, has sold the goods to a bona fide purchaser = without=20 notice, the seller is divested of his rights 2 W. C. C. R. 283; but a = resale by=20 the buyer does not, of itself, and without other circumstances, destroy = the=20 vendor's right of stoppage in transitu. 6 Taunt. R. 433 Vide Delivery; = and 1=20 Rawle's R. 9; 1 Ashm. R. 103; Harr. Dig. Sale, III. 4; 7 Taunt. R. 59; 2 = Marsh.=20 R. 366; Holt's R. 248; 1 Moore's R. 526; 3 B. & P. 320; Id. 119; 5 = East, R.=20 175.

6. - 4 The manner of stopping the goods is usually by taking corporal = possession of them; but this is not the only way it may be done; the = seller may=20 put in his claim or demand of his right to the goods either verbally or = in=20 writing. 2 B. & P. 257, 462; 2 Esp. R. 613; Co. Bankr. Law, 494; = Holt's=20 Cases, N. B. 338. Vide Corporal Touch.

7. - 5. The buyer must have actually failed, or be in actual and = immediate=20 danger of insolvency.

8. - 6. The stopping of goods in transitu does not of itself rescind = the=20 contract. 1 Atk. 245; Co. B. L. 394; 6 East, R. 27, n. The seller may,=20 therefore, upon offering to deliver them, recover the price. 1 Campb. = 109; 6=20 Taunt. 162. But inasmuch as the seller is permitted in equity to annul = the=20 transfer he has made, by stopping the goods on their transit, and by = that means=20 to deprive the general creditors of the buyer of property, which, in = strict law,=20 has passed to their debtor, it has been considered as equitable, on the = other=20 hand, that this act should be accompanied by a rescinding of the whole = contract,=20 and a renunciation of any further claim; since it would be a great = bardship to=20 give a preference to the seller over, the other creditors; and subject = the=20 divisible funds, which have derived no benefit from the contract, to a = further=20 claim of indemnification. 1 Bell's Com. B. 2, pt. 3, c. 2, s. 2, =A75. =

Vide, generally, 2 Kent, Com. 427; Bac. Abr. Merchant, L; Ross on = Vend.,=20 Index, h. t. Selw. N. P. 1206; Whitaker on Stoppage in Transitu; Abbott = on Ship.=20 351; 3 Chit. Com. Law, 340; Chit. on Contr. 124-126; 2 Com. Dig. 268; 8 = Com.=20 Dig. 952; 2 Supp. to Ves. jr. 231, 481; 2 Leigh's N. P. 1472; 1 Bouv. = Inst. n.=20 959-65.

STORES. the victuals and provisions collected together for the = subsistence of a ship's company, of a camp, and the like.

STOUTHRIEFF, Scotch law. Formerly this word included in its=20 signification every species of theft, accompanied with violence to the = person;=20 but of late years it has become the vox signata for forcible and = masterful=20 depredation within or near the dwelling house; while robbery has been = more=20 particularly applied to violent depredation on the highway, or = accompanied by=20 house-breaking. Alison, Princ. Cr. Law of Scot]. 227.

STOWAGE, mar. law. The proper arrangement in a ship, of the = different=20 articles of which a cargo consists, so that they may not injure each = other by=20 friction, or be damaged by the leakage of the ship.

2. The master of the ship is bound to attend to the stowage, unless, = by=20 custom or agreement, this business is to be performed by persons = employed by the=20 mercbant. Abbott on Shipp. 228; Pardes. Dr. Com. n. 721.

STRANDING, maritime law. The running of a ship or other vessel = on=20 shore; it is either accidental or voluntary.

2. It is accidental where the ship is driven on, shore by the winds = and=20 waves; it is voluntary where she is run on shore, either to preserve her = from a=20 worse fate, or for some fraudulent purpose. Marsh. Ins. B. 1, c. 12, s. = 1.

3. It is of great consequence to define accurately what shall be = deemed a=20 stranding, but this is no easy matter. In one case a ship having run on = some=20 wooden piles, four feet under water, erected in Wisheach river, about = nine yards=20 from shore, which were placed there to keep up the banks of the river, = and=20 having remained on these piles until they were cut away, was considered = by Lord=20 Kenyon to have been stranded. Marsh. Ins. B. 7, s. 3 . In another case, = a ship=20 arrived in the river Thames, and, upon coming up to the Pool, which was = full of=20 vessels, one brig ran foul of her bow, and another of her stern, in = consequence=20 of which she was driven aground, and continued in that situation an = hour, during=20 which period several other vessels ran foul of her; this, Lord Kenyon = told the=20 jury, that unskilled as he was in nautical affairs, he thought he could = safely=20 pronounce to be no stranding. lb.; 1 Camp. 131; 3 Camp. 431; 4 M. & = S. 503;=20 7 B. & C. 224; 5 B. & A. 225; 4 B. & C. 736. See Perils of = the Sea.=20

STRANGER, persons, contracts. This word has several = significations. 1.=20 A person born out of the United States; but in this sense the term alien = is more=20 properly applied, until he becomes naturalized. 2. A person who is not = privy to=20 an act or contract; example, he who is a stranger to the issue, shall = not take=20 advantage of the verdict. Bro. Ab. Record, pl. 3; Vin. Ab. h. t. pl. 1 = and vide=20 Com. Dig. Abatement, H 54.

2. When a man undertakes to do a thing, and a stranger interrupts = him, this=20 is no excuse. Com. Dig. Condition, L 14. When a party undertakes that a = stranger=20 shall do a certain thing, he becomes liable as soon as the stranger = refuses to=20 perform it. Bac. Ab. Conditions, Q 4.

STRATAGEM. A deception either by words or actions, in times of = war, in=20 order to obtain an advantage over an enenly.

2. Such stratagems, though contrary to morality, have been justified, = unless=20 they have been accompanied by perfidy, injurious to the rights of = humanity, as=20 in the example given by Vattel of an English frigate, which during a war = between=20 France and England, appeared off Calais and made signals of distress in = order to=20 allure some vessel to come to its relief, and seized a shallop and its = crew, who=20 had generously gone out to render it assistance. Vattel, Droit des Gens, = liv. 3,=20 c. 9, =A7178.

3. Sometimes stratagems are employed in making, contracts, this is = unlawful=20 and fraudulent, and avoids the contract. See Fraud.

STRATOCRACY. A military government; government by military = chiefs of=20 an army.

STREAM. A current of water. The right to a water course is not = a right=20 in the fluid itself so much as a right in the current of the stream. 2 = Bouv.=20 Inst. n. 1612. See River; Water Course.

STREET. A road in a village or city. In common parlance the = word=20 street is equivalent to highway. 4 Serg. & Rawle, 108.

2. A permission to the public for the space of eight, or even of six = years,=20 to use a street without bar or impediment, is evidence from which a = dedication=20 to the public maybe inferred. 11 East, R. 376; See 2 N. Hamp. 513; 4 B. = & A.=20 447; 3 East, R. 294; 1 Law lntell. 134; 2 Smith's Lead. Cas. 94, n.; 2 = Pick. R.=20 162; 2 Verm. R. 480; 5 Taunt. R. 125; S. C. 1 E. C. L. R. 34; 4 Camp. R. = 169; 1=20 Camp. R. 260: 7 B. & C. 257; S. C. 14 E. C. L. R. 39; 5 B & Ald. = 454; S.=20 C. 7 E. C. L. R. 159; 1 Blackf. 44; 2 Wend. 472; 8 Wend. 85; 11 Wend. = 486; 6=20 Pet. 431; 1 Paige, 510; and the article Dedication.

STRICT SETTLEMENT. When lands are settled to the parent for = life, and=20 after his death to his first and other sons in tail, and trustees are = interposed=20 to preserve the contingent remainders, this is called a strict = settlement.

STRICTISSIMI JURIS. The most strict right or law. In general, = when a=20 person receives an advantage, as the grant of a license, he is bound to = conform=20 strictly to the exercise of the rights given him by it, and in case of a = dispute, it will be strictly construed. See 3 Story, Rep. 159.

STRICTUM JUS. This phrase is used to denote mere law, in=20 contradistinction to equity.

STRUCK, pleadings. In an indictment for murder, when the death = arises=20 from any woundng, beating or bruising, it is said, that the word = "struck" is=20 essential. 1 Bulstr. 184; 5 Co. 122; 3 Mod. 202; Cro. Jac. 655; Palm. = 282; 2=20 Hale, 184, 6, 7: Hawk. B. 2, c. 23, s. 82; 1 Chit. Cr. Law, *243 6 Binn. = R. 179.=20

STRUCK JURY. A special jury selected by striking from the = pannel of=20 jurors, a certain number by each party, so as to leave a number required = by law=20 to try the cause. In general, a list of forty-eight jurors is made out = for each=20 case; the plaintiff strikes off twelve, aud the defendant the same = number from=20 those who remain twelve are to be selected to try the cause, unless they = are=20 challenged for cause. See Challenge.

STRUCK OFF. A case is said to be struck off, where the court = has no=20 jurisdiction, aud can give no judgment, and order that the case be taken = off the=20 record, which is done by an entry to that effect.

STRUMPET. A harlot, or courtezan: this word was formerly used = as an=20 addition. Jacob's Law Dict. h. t.

TO STULTIFY. To make or declare insane. It is a general rule = in the=20 English law, that a man shall not be permitted to stultify himself; that = is, he=20 shall not be allowed to plead his insanity to avoid a contract. 2 Bl. = Com. 291;=20 Fonbl. Eq. b. 1, c. 2, 1; Pow. on Contr. 19.

2. In the United States, this rule seems to have been exploded, and = the party=20 may himself avoid his acts except those of record, and contracts for = necessaries=20 and services rendered, by allegation and proof of insanity. 5 Whart. R. = 371,=20 379; 2 Kent, Com. 451; 3 Day, R. 90; 3 Conn. R. 203: 5 Pick. R. 431; 5 = John R.=20 503.; 1 Bland. R. 376. Vide Fonbl. Eq b. 1, c. 2, =A71, note 1; 2 Str. = R. 1104; 3=20 Camp. R. 125; 7 Dowl. & Ryl. 614; 3 C. & P. 30; 1 Hagg. C. R. = 414.

STUPIDITY, med. jur. That state of the mind which cannot = perceive and=20 embrace the data presented to it by the senses; and therefore the stupid = person=20 can, in general, form no correct judgment. It is a want of the = perceptive=20 powers. Ray, Med. Jur. c. 3, =A740. Vide Imbecility.

STUPRUM, civ. law. The criminal sexual intercourse which took = place=20 between a man and a single woman, maid or widow, who before lived = honestly.=20 Inst. 4, 18, 4; Dig. 48, 5, 6; Id. 50, 16, 101; 1 Bouv. Inst. Theolo. = ps. 3,=20 quaest. 2, art. 2, p. 252.

SUB-AGENT. A person appointed by an agent to perform some = duty, or the=20 whole of the business relating to his agency.

2. Sub-agents may be considered in two points of view. 1. With regard = to=20 their rights and duties or obligations, towards their immediate = employers. 2. As=20 to their rights and obligations towards their superior or real = principals.

3. - 1. A sub-agent is generally invested with the same rights, and = incurs=20 the same liabilities in regard to his immediate employers, as if he were = the=20 sole and real principal. To this general rule there are some exceptions = for=20 example, where by the general usage of trade or the agreement of the = parties,=20 sub-agents are ordinarily or necessarily employed, to accomplish the = ends of the=20 agency, there, if the agency is avowed, and the credit is exelusively = given to=20 the principal, the intermediate agent may be entirely exempted from all=20 liability to the sub-agent. The agent, however, will be liable to the = sub-agent,=20 unless such exclusive credit has been given, although the real principal = or=20 superior may also be liable. Story on Ag. =A7386; Paley on Ag. by Lloyd, = 49. When=20 the agent employs a sub-agent to do the whole, or any part of the = business of=20 the agency, without the knowledge or consent of his principal, either = express or=20 implied, the latter will only be entitled to recover from his immediate=20 employer, and his sole responsibility is also to him. In this case the = superior=20 or real principal is not responsible to the sub-agent, because there is = no=20 privity between them. Story on Ag. =A713, 14, 15, 217, 387.

4. - 2. Where by an express or implied agreement of the parties, or = by the=20 usages of trade, a sub-agent is to be employed, a privity exists between = the=20 principal and the sub-agent, and the latter may justly maintain his = claim for=20 compensation, both against the principal and his immediate employer, = unless=20 exclusive credit is given to one of them; and, in that case, his remedy = is=20 limited to that party. 1 Liv. on Ag. 64; 6 Taunt. R. 147.

SUBALTERN. A kind of officer who exercises his authority under = the=20 superintendence and control of a superior.

TO SUBDIVIDE. To divide a part of a thing which has already = been=20 divided. For example, when a person dies leaving children, and = grandchildren,=20 the children of one of his own who is dead, his property is divided into = as many=20 shares as he had children, including the deceased, and the share of the = deceased=20 is subdivided into as many shares as he had children.

SUBINFEUDATION, estates, English law. The act of an inferior = lord by=20 which he carved out a part of an estate which he held of a superior, and = granted=20 it to an inferior tenant to be held of himself.

2. It was an indirect mode of transferring the fief, and resorted to = as an=20 artifice to elude the feudal restraint upon alienation: this was = forbidden by=20 the statute of Quia Emptores, 18 Ed. I; 2 Bl. Com. 91; 3 Kent, Com. 406. =

SUBJECT, contracts. The thing which is the object of an = agreement.=20 This term is used in the laws of Scotland.

SUBJECT, persons, government. An individual member of a = nation, who is=20 subject to the laws; this term is used in contradistiction to citizen, = which is=20 applied to the same individual when considering his political rights. =

2. In monarchical governments, by subject is meant one who owes = permanent=20 allegiance to the monarch. Vide Body politic; Greenl. Ev. =A7286; Phil. = & Am.=20 on Ev. 732, n. 1.

SUBJECT-MATTER. The cause, the object, the thing in dispute. =

2. It is a fatal objection to the jurisdiction of the court when it = has not=20 cognizance of the subject-matter of the action; as, if a cause = exclusively of=20 admiralty jurisdiction were brought in a court of common law, or a = criminal=20 proceeding in a court having jurisdiction of civil cases only. 10 Co. = 68, 76 1=20 Ventr. 133; 8 Mass. 87; 12 Mass. 367. In such case, neither a plea to = the=20 jurisdiction, nor any other plea would be required to oust the court of=20 jurisdiction. The cause might be dismissed upon motion, by the court, ex = officio.

SUBJECTION. The obligation of one or more persons to act at = the=20 discretion, or according to the judgment and will of others.

2. Subjection is either private or public. By the former is meant the = subjection to the authority of private persons; as, of children to their = parents, of apprentices to their masters, and the like. By the latter is = understood the subjection to the authority of public persons. Rutherf. = Inst. B.=20 2, c. 8.

SUBLEASE. A lease by a tenant to another tenant of a part of = the=20 premises held by him; an underlease.

SUBMISSION. A yielding to authority. A citizen is bound to = submit to=20 the laws; a child to his parents; a servant to his master. A victor may = enforce,=20 the submission of his enemy.

2. When a captor has taken a prize, and the vanquished have submitted = to his=20 authority, the property, as between the belligerents, has been = transferred. When=20 there is complete possession on one side, and submission upon the other, = the=20 capture is complete. 1 Gallis. R. 532.

SUBMISSION, contracts. An agreement by which persons who have = a=20 law-suit or difference with one another, name arbitrators to decide the = matter,=20 and bind themselves reciprocally to perform what shall be arbitrated. =

2. The submission may be by the act of the parties simply, or through = the=20 medium of a court of law or equity. When it is made by the parties alone = it may=20 be in writing or not in writing. Kyd on Aw. 11; Caldw. on Arb. 16; 6 = Watts' R.=20 357. When it is made through the medium of a court, it is made a matter = of=20 record by rule of court. The extent of the submission may be various, = according=20 to the pleasure of the parties; it may be of only one, or of all civil = matters=20 in dispute, but no criminal matter can be referred. It is usual to put = in a time=20 within which the arbitrators shall pronounce their award. Caldw. on Arb. = ch. 3;=20 Kyd on Awards, ch. 1; Civ. Code of Lo. tit. 19 3 Vin. Ab. 131; 1 Supp. = to Ves.=20 jr. 174; 6 Toull. n. 827; 8 Toull. n. 332; Merl. Repert. mot Compromis; = 1 S.=20 & R. 24; 5 S. & R. 51; 8 S. & R. 9; 1 Dall. 164; 6 Watts, R. = 134; 7=20 Watts, R. 362; 6 Binn. 333, 422; 2 Miles, R, 169; 3 Bouv. Inst. n. 2483, = et seq.=20

SUB MODO. Under a qualification; a legacy may be given sub = modo, that=20 is, subject to a condition or qualification.

SUBNOTATIONS, civ. law. The answers of the prince to questions = which=20 had been put to him respecting some obscure or doubtful point of law. = Vide=20 Rescripts.

SUBORNATION OF PERJURY, crim. law. The procuring another to = commit=20 legal perjury, who in consequence of the persuasion takes the oath to = which be=20 has been incited. Hawk. B. 1, c. 69, s. 10.

2. To complete the offence, the false oath must be actually taken, = and no=20 abortive attempt (q. v.) to solicit will complete the crime. Vide To = Dissuade;=20 To persuade.

3. But the criminal solicitation to commit perjury, though = unsuccessful, is a=20 misdemeanor at common law. 2 East, Rep. 17; 6 East, R. 464; 2 Chit. = Crim. Law,=20 317; 20 Vin. Ab. 20. For a form of an indictment for an attempt to = suborn a=20 person to commit perjury, vide 2 Chit. Cr. Law, 480; Vin. Ab. h. t.

4. The act of congress of March 3, 1825, =A713, provides, that if any = person=20 shall knowingly or wilfully procure any such perjury, mentioned in the = act, to=20 be committed, every such person so offending, shall be guilty of = subornation of=20 perjury, and shall, on conviction thereof, be punished by fine, not = exceeding=20 two thousand dollars, and by imprisonment and confinement to hard labor, = not=20 exceeding five years, according to the aggravation of the offence.

SUBPOENA, practice, evidence. A process to cause a witness to = appear=20 and give testimony, commanding him to lay aside all pretences and = excuses, and=20 appear before a court or magistrate therein named, at a time therein = mentioned,=20 to testify for the party named, under a penalty therein mentioned. This = is=20 usually called a subpoena ad testificandum.

2. On proof of service of a subpoena upon the witness, and that he, = is=20 material, an attachment way be issued against him for a contempt, if he = neglect=20 to attend as commanded.

SUBPOENA, chancery practice. A mandatory writ or process, = directed to=20 and requiring one or more persons to appear at a time to come, and = answer the=20 matters charged against him or them; the writ of subpoena was originally = a=20 process in the courts of common law, to enforce the attendance of a = witness to=20 give evidence; but this writ was used in the court of chancery for the = game=20 purpose as a citation in the courts of civil and canon law, to compel = the=20 appearance of a defendant, and to oblige him to answer upon oath the = allegations=20 of the plaintiff.

2. This writ was invented by John Waltham, bishop of Salishury, and=20 chancellor to Rich. II. under the authority of the statutes of = Westminster 2,=20 and 13 Edw. I. c. 34, which enabled him to devise new writs. 1 Harr. = Prac. 154;=20 Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin. Ab. h. t.; 1 Swanst. = Rep. 209.=20

SUBPOENA DUCES TECUM, practice. A writ or process of the same = kind as=20 the subpoena ad testificandum, including a clause requiring the witness = to bring=20 with him and produce to the court, books, papers, &c., in his hands, = tending=20 to elucidate the matter in issue. 3 Bl. Com. 382.

SUB PEDE SIGILLI. Under the foot of the seal; under seal. This = expression is used when it is required that a record should be certified = under=20 the seal of the court.

SUB POTESTATE. Under or subject to the power of another; as, a = wife is=20 under the power of her hushand; a child subject to that of his father; a = slave=20 to that of his master.

SUBREPTION, French law. By this word is understood the fraud = committed=20 to obtain a pardon, title, or grant, by alleging facts contrary to = truth.

SUBROGATION, civil law, contracts. The act of putting by a = transfer, a=20 person in the place of another, or a thing in the place of another = thing. It is=20 the substitution (q. v.) of a new for an old creditor, and the = succession to his=20 rights, which is called subrogation; transfusio unius creditoris in = alium. It is=20 precisely the reverse of delegation. (q. v.)

2. There are three kinds of subrogation: 1. That made by the owner of = a thing=20 of his own free will; example, when be voluntarily assigns it. 2. That = which=20 arises in consequence of the law, even without the consent of the owner; = example, when a man pays a debt which could not be properly called his = own, but=20 which nevertheless it was his interest to pay, or which he might have = been=20 compelled to pay for another, the law subrogates him to all the rights = of the=20 creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-72. 3. That = which=20 arises by the act of law joined to the act of the debtor; as, when the = debtor=20 borrows money expressly to pay off his debt, and with the intention of=20 substituting the lender in the place of the old creditor. 7 Toull. liv. = 3, t. 3,=20 c. 5, sect. 1, =A72. Vide Civ. Code of Louisiana, art. 2155 to 2158; = Merl. Repert.=20 h. t.; Dig. lib. 20; Code, lib. 8, t. 18 et 19 9 Watts. R. 451; 6 Watts = &=20 Serg. 190; 2 Bouv. Inst. n. 1413.

SUBSCRIBING WITNESS. One who subscribes his name to a writing = in order=20 to be able at a future time to prove its due execution; an attesting = witness.=20

2. In order to make a good subscribing witness, it is requisite he = Should=20 sign his name to the instrument himself, at the time of its execution, = and at=20 the request or with the assent of the party. 6 Hill, N. Y. R. 303; 11 M. = &=20 W. 168; 1 Greenl. Ev. =A7569 a, 4th ed. See Witness instrumentary; 5 = Watts, 399.=20

SUBSCRIPTION, contracts. The placing a signature at the bottom = of a=20 written or printed engagement; or it is the attestation of a witness by = so=20 writing his name; but it has been holden that the attestation of an = illiterate=20 witness, by making his mark, is a sufficient subscription. 7 Bing. 457; = 2 Ves.=20 454; Atk. 177; 1 Yes. jr. 11; 3 P. Wms. 253; 1 V. & B. 362. Vide To = sign.=20

2. By subscription is also understood the act by which a person = contracts, in=20 writing, to furnish a sum of money for a particular purpose; as, a = subscription=20 to a charitable institution, a subscription for a book, for a newspaper, = and the=20 like.

SUBSCRIPTION LIST. The names of persons who have agreed to = take a=20 newspaper, magazine or other publication, placed upon paper, is a = subscription=20 list.

2. This is, an incident to a newspaper, and passes with the sale of = the=20 printing materials. 2 Watts, 111.

SUBSIDY, Engl. law. An aid, tax or tribute granted by = parliament to=20 the king for the urgent occasions of the kingdom, to be levied on every = subject=20 of ability, according to the value of his lands or goods. Jacob's Law. = Dict. h.=20 t.

2. The assistance given in money by one nation to another to enable = it the=20 better to carry on a war, when such nation does not join directly in the = war, is=20 called a subsidy. Vattel, liv. 3, =A782. See Neutrality.

SUB SILENTIO. Under silence, without any notice being taken. = Sometimes=20 passing a thing sub silentio is evidence of consent. See Silence.

SUBSTANCE, evidence. That which is essential; it is used in = opposition=20 to form.

2. It is a general rule, that on any issue it is sufficient to prove = the=20 substance of the issue. For example, in a case where the defendant = pleaded=20 payment of the principal sum and all interest due, and it appeared in = evidence=20 that a gross sum was paid, not amounting to the full interest, but = accepted by=20 the plaintiff as full payment, the proof was held to be sufficient. 2 = Str. 690;=20 1 Phil. Ev. 161.

SUBSTITUTE, contracts. One placed under another to transact = business=20 for him; in letters of attorney, power is generally given to the = attorney to=20 nominate and appoint a substitute.

2. Without such power, the authority given to one person cannot in = general be=20 delegated to another, because it is a personal trust and confidence, and = is not=20 therefore transmissible. The authority is given to him to exercise his = judgment=20 and discretion, and it cannot be said that the trust and confidence = reposed in=20 him shall be exercised at the discretion of another. 2 Atk. 88; 2 Ves. = 645. But=20 an authority may be delegated to another, when the attorney has express = power to=20 do so. Bunb. 166; T. Jones, 110. See Story, Ag. =A7=A713, 14. When a man = is drawn in=20 the militia, he may in some cases hire a substitute.

SUBSTITUTES, Scotch law. Where an estate is settled on a long = series=20 of heirs, substituted one after another, in tailzie, the person first = called in=20 the tailzies, is the institute; the rest, the beirs of tailzie; or the=20 substitutes. Ersk. Princ. L. Scotl. 3, 8, 8. See Tailzie; Institute. =

SUBSTITUTION, civil law. In the law of devises, it is the = putting of=20 one person in the place of another, so that he may, in default of = ability in the=20 former, or after him, have the benefit of a devise or legacy.

2. It is a species of subrogation made in two different ways; the = first is=20 direct substitution, and the latter a trust or fidei commissary = substitution.=20 The first or direct substitution, is merely the institution of a second = legatee,=20 in case the first should be either incapable or unwilling to accept the = legacy;=20 for example, if a testator should give to Peter his estate, but in case = he=20 cannot legally receive it, or he wilfully refuses it, then I give it to = Paul;=20 this is a direct substitution. Fidei commissary substitution is that = which takes=20 place when the person substituted is not to receive the legacy until = after the=20 first legatee, and consequently must receive the thing bequeathed from = the hands=20 of the latter for example, I institute Peter my heir, and I request that = at his=20 death he shall deliver my succession to Paul. Merl. Repert. h. t.; 5 = Toull. 14.=20

SUBSTITUTION, chancery practice. This takes place in a case = where a=20 creditor has a lien on two different parcels of land, and another = creditor has a=20 subsequent lien on one only of the parcels, and the prior creditor = elects to=20 have his whole demand out of the parcel of land on which the subsequent = creditor=20 takes his lien; the latter is entitled, by way of substitution, to have = the=20 prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 = Hawk's Rep.=20 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the = whole of=20 the debt from one of the sureties, that surety is entitled to be = substituted in=20 his place, and to a cession of his rights and securities, as if be were = a=20 purchaser, either against the principal or his co-sureties. Id. 413; 1 = Paige's=20 R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.

2. A surety on paying the debt is entitled to stand in the place of = the=20 cre-ditor and to be subrogated to all his rights against the principal. = 2 Johns.=20 Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 = Paige's R.=20 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. = 98,; 8=20 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that = in all=20 cases where a constable shall be entrusted with the execution of any = process for=20 the collection of money, and by neglect of duty shall fail to collect = the same,=20 by means whereof the bail or security of such constable shall be = compelled to=20 pay the amount of any judgment shall vest in the person paying, as = aforesaid,=20 the equitable interest in such judgment, and the amount due upon any = such=20 judgment may be collected in the name of the plaintiff for the use of = such=20 person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and = Subrogation.=20

SUBSTRACTION, French law. The act of taking something = fraudulently; it=20 is generally applied to the taking of the goods of the estate of a = deceased=20 person fraudulently. Vide Expilation.

SUB-TENANT. The same as under-tenant. See Under-leaser; = Under-tenant,=20 and 1 Bell's Com. 76.

SUBTRACTION. The act of withhold ing or detaining anything = unlawfully.=20

SUBTRACTION OP CONJUGAL RIGHTS. The act of a hushand or wife = by living=20 separately from the other without a lawful cause. 3 Bl. Com. 94.

SUCCESSION, in Louisiana. The right and transmission of the = rights an=20 obligations of the deceased to his heirs. Succession signifies also the = estate,=20 rights and charges which a person leaves after his death, whether the = property=20 exceed the charges, or the charges exceed the property, or whether he = has left=20 only charges without property. The succession not only includes the = rights and=20 obligations of the deceased, as they exist at the time of his death, but = all=20 that has accrued thereto since the opening of the succession, as also of = the new=20 charges to which it becomes subject. Finally, succession signifies also = that=20 right by which the beir can take possession of the estate of the = de-ceased, such=20 as it may be.

2. There are three sorts of successions, to wit: testamentary = succession;=20 legal succession; and, irregular succession. 1. Testamentary succession = is that=20 which results from the constitution of the heir, contained in a = testament=20 executed in the form prescribed by law. 2. Legal succession is that = which is=20 established in favor of the nearest relations of the deceased. 3. = Irregular=20 succession is that which is established by law in favor of certain = persons or of=20 the state in default of heirs either legal or instituted by testament. = Civ.=20 Code, art. 867-874.

3. The lines of a regular succession are divided into three, which = rank among=20 themselves in the following order: 1. Descendants. 2. Ascendants. 3.=20 Collaterals. See Descent. Vide Poth. Traite des Successions lbid. = Coutumes=20 d'Orleans, tit. 17 Ayl. Pand. 348; Toull. liv. 3, tit. 1; Domat, h. t.; = Merl.=20 Repert. h. t.

SUCCESSION, com. law. The mode by which one set of persons, = members of=20 a corporation aggregate, acquire the rights of another set which = preceded them.=20 This term in strictness is to be applied only to such corporations. 2 = Bl. Com.=20 430.

SUCCESSOR. One who follows or comes into the place of another. =

2. This term is applied more particularly to a sole co6-oration, or = to any=20 corporation. The word beir is more correctly applicable to a common = person who=20 takes an estate by descent. 12 Pick. R. 322; Co. Litt. 8 b.

3. It is also used to designate a person who has been appointed or = elected to=20 some office, after another person.

TO SUE. To prosecute or commence legal proceedings for the = purpose of=20 recovering a right.

SUFFRAGE, government. Vote; the act of voting.

2. The right of suffrage is given by the constitution of the United = States,=20 art. 1, s. 2, to the electors in each state, as shall have the = qualifications=20 requisite for electors of the most numerous branch of the state = legislature.=20 Vide 2 Story on the Const. =A7578, et seq.; Amer. Citiz. 201; 1 Bl. Com. = 171; 2=20 Wils. Lect. 130; Montesq. Esp. des Lois, Ii v. 11, c. 6; 1 Tucker's Bl. = Com.=20 App. 52, 3. See Division of opinion.

SUFFRANCE. The permitting a tenant who came in by a lawful = title, to=20 remain after his right has expired. Vide Estates at suffrance.

SUGGESTIO FALSI. A statement of a falsehood. This amounts to a = fraud=20 when-ever the party making it was bound to disclose the truth.

2. The following is an example of a case where chancery will = interfere and.=20 set aside a contract as fraudulent, on account of the suggestio falsi: a = purchaser applied to the seller to purchase a lot of wild land, and = represented=20 to him it was worth nothing, except for a sheep pasture, when he knew = there was=20 a valuable mine on the lot, of which the seller was ignorant. The sale = was set=20 aside. 2 Paige, 390; 4 Bouv. Inst. n. 3837, et seq. Vide Concealment;=20 Misrepresentation; Representation; Suppressio veri.

SUGGESTION. In its literal sense this word signifies to = inform, to=20 insin-uate, to instruct, to cause to be remembered, to counsel. In = practice it=20 is used to convey the idea of information; as, the defendant suggests = the death=20 of one of the plaintiffs. 2 Sell. Pr. 191.

2. In wills, when suggestions are made to a testator for the purpose = of=20 procuring a devise of his property in a particular way, and when such=20 suggestions are false, they generally amount to a fraud. Bac. Ab. Wills, = G 3; 5=20 Toull. n. 706.

SUGGESTIVE INTERROGATION. This phrase has been used by some = writers to=20 signify the same thing as leading question. (q. v.) 2 Benth. on Ev. b. = 3, c. 3.=20 It is used in the French law. Vide Question.

SUI JURIS. One who has all the rights to which a freemen is = entitled;=20 one who is not under the power of another, as a slave, a minor, and the = like.=20

2. To make a valid contract, a person must, in general, be sui juris. = Every=20 one of full age is presumed to be sui juris. Story on Ag. p. 10.

SUICIDE, crimes, med. jur. The act of malicious self-murder; = felo de=20 se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458; 1 Hale, P. C.. 441. = But it=20 has been decided in England that where a man's life was insured, and the = policy=20 contained a proviso that "every policy effected by a person on his or = her own=20 life should be void, if such person should commit suicide, or die by = duelling or=20 the hands of justice," the terms of the condition included all acts of = voluntary=20 self-destruction, whether the insured at the time such act was = committed, was or=20 was not a moral responsible agent. 3 Man. Gr. & Scott, 437. In New = York it=20 has been held, that an insane person cannot commit suicide, because. = such person=20 has no will. 4 Hill' 3 R. 75.

2. It is not punishable it is believed in any of the United States, = as the=20 unfortunate object of this offence is beyond the reach of human = tribunals, and=20 to deprive his family of the property he leaves would be unjust.

3. In cases of sudden death, it is of great consequence to ascertain, = on=20 finding the body, whether the deceased has been murdered, died suddenly = of a=20 natural death, or whether he has committed suicide. By a careful = examination of=20 the position of the body, and of the circumstances attending it, it can = be=20 generally ascertained whether the deceased committed suicide, was = murdered, or=20 died a natural death. But there are sometimes cases of suicide which can = scarcely be distinguished from those of murder. A case of suicide is = mentioned=20 by Doctor Devergie, (Annales d'Hygiene, transcribed by Trebuchet, = Jurisprudence=20 de la Medecine, p. 40,) which bears a striking analogy to a murder. The=20 individuul went to the cemetery of Pere la Chaise, near Paris, and with = a razor=20 inflicted a wound on himself immediately below the os hyoide; the first = blow=20 penetrated eleven lines in depth; a second, in the wound made by the = first,=20 pushed the instrument to the depth of twenty-one lines; a third extended = as far=20 as the posterior of the pharynx, cutting the muscles which attached the = tongue=20 to the oshyoide, and made a wound of two inches in depth. Imagine an = enormous=20 wound, immediately under the chin, two inches in depth, and three inches = and=20 three lines in width, and a foot in circumference; and then judge = whether such=20 wound could not be easily mistaken as having been made by a stranger, = and not by=20 the deceased. Vide Death, and 1 Briand, Med. Leg. 2e partie, c. 1, art. = 6.

SUIT. An action. The word suit in the 25th section of the judiciary = act of=20 1789, applies to any proceeding in a court of justice, in which the = plaintiff=20 pursues, in such court, the remedy which the law affords him. An = application for=20 a prohibition is therefore a suit. 2 Pet. 449. According to the code of = practice=20 of Louisiana, art. 96, a suit is a real, personal or mixed demand, made = before a=20 competent judge, by which the parties pray to obtain their rights, and a = decision of their disputes. In that acceptation, the words suit, process = and=20 cause, are in that state almost synonymous. Vide Secta, and Steph. Pl. = 427; 3=20 Bl. Com. 395; Gilb. C. P. 48; 1 Chit. Pl. 399; Wood's Civ. Law, b. 4, c. = p. 315;=20 4 Mass. 263; 18 John. 14; 4 Watts, R. 154; 3 Story, Const. =A71719. In = its most=20 extended sense, the word suit, includes not only a civil action, but = also a=20 criminal prosecution, as indictment, information, and a conviction by a=20 magistrate. Ham. N. P. 270.

SUITE. Those persons, who by his authority, follow or attend = an=20 ambassador or other public minister.

2. In general the suite of a minister are protected from arrest, and = the=20 inviolability of his person is communicated to those who form his suite. = Vattel,=20 lib. 4, c. 9, =A7120. See 1 Dall. 177; Baldw. 240; and Ambassador.

SUITOR. One who is a party to a suit or action in court. One = who is a=20 party to an action. In its ancient sense, suitor meant one Who was bound = to=20 attend the county court, also, one who formed part of the secta. (q. v.) =

SULTAN. The title of the Turkish sovereign and other Mabometan = princes.

SUMMARY PROCEEDINGS. When cases are-to be adjudged promptly, = without=20 any unnecessary form, the proceedings are said to be summary.

2. In no case can the party be tried summarily unless when such = proceedings=20 are authorized by legislative autliority, except perhaps in the cases of = contempts, for the common law is a stranger to such a mode of trial. 4 = Bl. Com.=20 280; 20 Vin. Ab. 42; Boscawen on Conv.; Paley on Convict.; vide = Convictions.=20

SUMMING UP, practice. The act of making a speech before a = court and=20 jury, after all the evidence has been heard, in favor of one of the = parties in=20 the cause, is called summing up. When the judge delivers his charge to = the jury,=20 he is also said to sum up the evidence in the case. 6 Harg. St. Tr. 832; = 1 Chit.=20 Cr. Law, 632.

2. In summing up, the judge should, with much precision and = clearness, state=20 the issues joined between the parties, and what the jury are required to = find,=20 either in the affirmative or negative. He should then state the = substance of the=20 plaintiff's claim and of the defendant's ground of defence, and so much = of the=20 evidence as is adduced for each party, pointing out as he proceeds, to = which=20 particular question or issue it respectively applies, taking care to = abstain as=20 much as possible from giving an opinion as to the facts. It is his duty = clearly=20 to state the law arising in the case in such terms as to leave no doubt = as to=20 his meaning, both for the purpose of directing the jury, and with a view = of=20 correcting, on a review of the case on a motion for a new trial, or on a = writ of=20 error, any error he may, in the hurry of the trial, have committed. Vide = 8 S.=20 & R. 150; 1 S. & R. 515; 4 Rawle, R. 100, 195, 356; 2 Penna. R. = 27; 2 S.=20 & R. 464. Vide Charge; Opinion, (Judgment.)

TO SUMMON, practice. The act by which a defendant is notified = by a=20 compepetent officer, that an action has been instituted against him, and = that he=20 is required to answer to it at a time and place named. This is done = either by=20 giving the defendant a copy of the summons, or leaving it at his house; = or by=20 reading the summons to him.

SUMMONERS. Petty officers who cite men to appear in any court. =

SUMMONS, practice. The name of a writ commanding the sheriff, = or other=20 authorized officer, to notify a party to appear in court to answer a = complaint=20 made against him and in the said writ specified, on a day therein = mentioned. 21=20 Vin. Ab. 42 2 Sell. Pr. 356; 3 Bl. Com. 279.

SUMMONS AND SEVERANCE. Vide Severance; and 20 Vin. Ab. 51; = Bac. Ab. h.=20 t.; Archb. Civil Plead. 59.

SUMMUM JUS. Extreme right, strict right. It is seldom that = extreme=20 right can be administered without the danger of doing injustice, for = extreme=20 right may produce extreme wrong. Summum jus, summa injuria.

SUMPTUARY LAWS. Those relating to expenses, and made to = restrain=20 excess in apparel.

2. In the United States the expenses of every man are left to his own = good=20 judgment, and not regulated by Arbitrary laws.

SUNDAY. The first day of the week.

2. In some of the New England states it begins at sun setting on = Saturday,=20 and ends at the same time the next day. But in other parts of the United = States,=20 it generally commences at twelve o'clock on the night between Saturday = and=20 Sunday, and ends in twenty-four hours thereafter. 6, Gill. & John. = 268; and=20 vide Bac. Ab. Heresy, &c. D; Id. Sheriff, N 4; 1 Salk. 78; 1 Sell. = Pr. 12;=20 Hamm. N. P. 140. The Sabbath, the Lord's Day, and Sunday, all mean the = same=20 thing. 6 Gill. & John. 268; see 6 Watts, 231; 3 Watts, 56, 59.

2. In some states, owing to statutory provisions, contracts made on = Sunday=20 are void; 6 Watts, R. 231; Leigh, N. P. 14; 1 P. A. Browne, 171; 5 B. = & C.=20 406; 4 Bing. 84; but in general they are binding, although made on that = day, if=20 good in other respects. 1 Crompt. & Jervis, 130; 3 Law Intell. 210; = Chit. on=20 Bills, 59; Wright's R. 764;,10 Mass. 312 1 Cowen, R. 76, n.; Cowp. 640; = 1 Bl.=20 Rep. 499; 1 Str. 702; see 8 Cowen, R. 27; 6 Penn. St. R. 417, 420.

4. Sundays are computed in the time allowed for the performance of an = act,=20 but if the last day happen to be a Sunday, it is to be excluded, and the = act=20 must in general be performed on Saturday; 3 Penna. R. 201; 3 Chit. Pr. = 110;=20 promissory notes and bills of exchange, when they fall due on Sunday, = are=20 gen-erally paid on Saturday. See, as to the origin of keeping-Sunday as = a=20 holiday, Neale's F. & F. Index, Lord's day; Story on Pr. Notes, = =A7220; Story=20 on Bills, =A7233; 2 Hill's N. Y. Rep. 587; 2 Applet. R. 264.

SUPER ALTUM MARE. Upon the high sea. Vide High Seas.

SUPER VISUM CORPORE. Upon view of the body. When an inquest is = held=20 over a body found dead, it must be super visum corpore. Vide Coroner; = Inquest.=20

SUPERCARGO, mar. law. A person specially employed by the owner = of a=20 cargo to take charge of the merchandise which has been shipped, to sell = it to=20 the best advantage, and to purchase returning cargoes and to receive = freight, as=20 he may be authorized.

2. Supercargoes have complete control over the cargo, and everything = which=20 immediately concerns it, unless their authority is either expressly or = impliedly=20 restrained. 12 East, R. 381. Under certain circumstances, they are = responsible=20 for the cargo; 4 Mass. 115; see 1 Gill & John. 1; but the supercargo = has no=20 power to interfere with the government of the ship. 3 Pardes. n. 646; 1=20 Boulay-Paty, Dr. Com. 421.

SUPERFOETATION, med. jur. The conception of a second embryo, = during=20 the gestation of the first, or the conception of a child by a woman = already=20 pregnant with another, during the time of such pregnancy.

2. This doctrine, though doubted, seems to be established by numerous = cases.=20 Beck's Med. Jur. 193; Cassan on Superfoetation; New York Medical = Repository; 1=20 Briand, Med. Leg. prem. partie, c. 3, art. 4; 1 Fodere, Med. Leg. = =A7299; Buffon,=20 Hist. Nat. de l'Homme, Puberte.

SUPERFICIARIUS, civ. law. He who has built upon the soil of = another,=20 which he has hired for a number of years or forever, yielding a yearly = rent.=20 This is not very different from the owner of a lot on ground rent in=20 Pennsylvania. Dig. 43, 18, 1 and 2.

SUPERFICIES. A Latin word used among civilians. It signifies = in the=20 edict of the praetor whatever has been erected on the soil, quidquid = solo=20 inoedificdtum est. Vide Dig. 43, tit. 18, 1. 1 and 2.

SUPERIOR. One who has a right to command; one who holds a = superior=20 rank; as, a soldier is bound to obey his superior. 2. In estates, some = are=20 superior to others; an estate entitled to a servitude or easement over = another=20 estate, is called the superior or dominant, and the other the inferior = or=20 servient estate. 1 Bouv. Inst. n. 1612.

3. Of courts, some are supreme or superior, possessing in -general = appellate=20 jurisdiction, either by writ of error or by appeal; 3 Bouv. Inst. n. = 2527; the=20 others are called inferior courts.

SUPERNUMERARII, Rom. civil law. From the reign of Constantine = to=20 Justinian, advocates were divided into two classes: viz. advocates in = title, who=20 were called statute, and supernumeraries. The statutis were inscribed in = the=20 mat-riculation books, and formed a part of the college of advocates in = each=20 jurisdiction. The supernumeraries were not attached to any bar in = particular,=20 and could reside where, they pleased; they took the place of advocates = by title,=20 as vacancies occurred in that body. Code Justin., de adv. div. jud. c. = 3, 11,=20 13; Calvini Lex, ad voc.; also Statuti.

SUPERSEDEAS, practice, actions. The name of a writ containing = a=20 command to stay the proceedings at law.

2. It is granted on good cause shown that the party ought not to = proceed. F.=20 N. B. 236. There are some writs which though they do not bear this name = have the=20 effect to supersede the proceedings, namely, a writ of error, when bail = is=20 entered, operates as a supersedeas, and a writ of certiorari to remove = the=20 proceedings of an inferior into a superior court has, in general, the = same=20 effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special=20 circumstances, the certiorari has not the effect to stay the = proceedings,=20 particularly where summary proceedings, as to obtain possession under = the=20 landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, = R. 49;=20 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h. t.; Bac. Ab. h. t.; = Com. Dig.=20 h. t.; Yelv. R. 6, note.

SUPERSTITIOUS USE, English law. When lands, tenements, rents, = goods or=20 chattels are given, secured or appointed for and toward the maintenance = of a=20 priest or chaplain to say mass; for the maintenance of a priest, or = other man,=20 to pray for the soul of any dead man, in such a church or elsewhere; to = have and=20 maintain perpetual obits, lamps, torches, &c., to be used at certain = times=20 to help to save the souls of men out of purgatory; in such cases the = king by=20 force of several statutes, is authorized to direct and appoint all such = uses to=20 such purposes as are truly charitable. Bac. Ab. Charitable Uses and = Mortmain, D;=20 Duke on Char. Uses, 105; 6 Ves. 567; 4 Co. 104.

2. In the United States, where all religious opinions are free, and = the right=20 to exercise them is secured to the people, a bequest to support a = catholic=20 priest, aud perhaps certain other uses in England, would not in this = country be=20 considered as superstitious uses. 1 Pa. R. 49; 8 Penn. St. R. 327; 17 S. = &=20 R. 388; 1 Wash. 224. It is not easy to see how there can be a = supersti-tious use=20 in this country, at least in the acceptation of the British courts. 1 = Watts,=20 224; 4 Bouv. Inst. n. 3985.

SUPERVISOR. An overseer; a surveyor.

2. There are officers who bear this name whose duty it is to take = care of the=20 highways.

SUPPLEMENTAL. That which is added to a thing to complete it as = a=20 supplemental affidavit, which is an additional affidavit to make out a = case; a=20 supplemental bill. (q. v.)

SUPPLEMENTAL BILL, equity plead. A bill already filed to = supply some=20 defect in the original bill. See Bill supplemental.

SUPPLICAVIT, Eng. law. The name of a writ issuing out of the = king's=20 bench or chancery, for taking sureties of the peace; it is commonly = directed to=20 the justices of the peace, when they are averse to acting in the affair = in their=20 judicial capacity. 4 Bl. Com. 233; vide Vin. Ab. h, t.; Com. Dig. = Chancery, 4=20 R.; Id. Forcible Entry, D 16, 17.

SUPPLICIUM, civil law. A corporal punishment ordained by law; = the=20 punishment of death, so called because it was customary to accompany the = guilty=20 man to the place of execution and there offer supplications for him. =

SUPPLIES, Eng. Law. Extraordinary grants to the king by = parliament, to=20 supply the exigencies of the state. Jacob's Law Dict. h. t.

SUPPORT. The right of support is an easement which one man, = either by=20 contract or prescription, enjoys, to rest the joists or timbers of his = house=20 upon the wall of an adjoining building, owned by another person. 3 Kent, = Com.=20 435. Vide Lois des Bat. part. 1, c. 3, s. a. 1, =A7T; Party wall.

SUPPRESSIO VERI. Cocealment of truth.

2. In general a suppression of the truth, when a party is bound to = disclose=20 it, vitiates a contract. In the contract of insurance a knowledge of the = facts=20 is required to enable the underwriter to calculate the chances and form = a due=20 estimate of the risk; and, in this contract perhaps more than any other, = the=20 parties are required to represent every thing with fairness. 1 Bla. Rep. = 594; 3=20 Burr. 1809.

3. Suppressio veri as well as suggestio falsi is a ground to rescind = an=20 agreement, or at least not to carry it into execution. 3 Atk. 383; Prec. = Ch.=20 138; 1 Fonb. Eq. c. 2, s. 8; 1 Ball & Beatty, 241; 3 Munf. 232 1 = Pet. 383; 2=20 Paige, 390 4 Bouv. Inst. n. 3841. Vide Concealment; Mis-representation;=20 Representationl: Suggestio falsi.

SUPRA PROTEST. Under protest. Vide Acceptance supra protest; = dcceptor=20 supra protest; Bills of Exchange.

SUPREMACY. Sovereign dominion, authority, and preeminence; the = highest=20 state. In the United States, the supremacy resides in the people, and is = exercises by their constitutional representatives, the president and = congress.=20 Vide Sovereignty.

SUPREME. That which is superior to all other things; as the = supreme=20 power of the state, which is an authority over all others. The supreme = court,=20 which is superior to all other courts.

SUPREME COURT. The court of the highest jurisdiction in the = United=20 States, having appellate jurisdiction over all the other courts of the = United.=20 States, is so called. Its powers are examined under the article Courts = of the=20 United States.

2. The following list of the judges who have had seats on the bench = of this=20 court is given for the purpose of reference.

Chief Justices. John Jay, appointed September 26, 1789, resigned in = 1795.=20

John Rutledge, appointed July 1, 1795, resigned in 1796.

Oliver Ellsworth, appointed March 4, 1796, resigned in 1801.

John Marshall, appointed January 31, 1801, died July 6, 1835.

Roger B. Taney, appointed March 15, 1836. Associate Justices.

William Cushing, appointed September 27, 1789, died in 1811.

James Wilson, appoiuted September 29, 1789, died in 1798.

John Blair, appointed September 30, 1789, died in 1796.

James Iredell, appointed February 10, 1790, died in 1799.

Thomas Johnson, appointed November 7, 1791, resigned in 1793.

William Patterson, appointed March 4, 1793, in the place of Judge = Johnson,=20 died in 1806.

Samuel Chase, appointed January 7, 1796, in the place of Judge Blair, = died in=20 1811.

Bushrod Washington, appointed December 20,1798, in the place of Judge = Wilson,=20 died November 26, 1829.

Alfred Moore, appointed December 10, 1799 in the place of Judge = Iredell,=20 resigned in 1864.

William Johnson, appointed March 6, 1804, in the place of Judge = Moore, died=20 in 1835.

Brockholst Livingston, appointed November 10, 1806, in the place of = Judge=20 Patterson, died in 1823.

Thomas Todd, appointed March 3, 1807, under the act of congress of = February,=20 1807, providing for an additional justice, died in 1826.

Gabriel Duval, appointed November 18, 1811, in the place of Judge = Chase,=20 resigned in January, 1835.

Joseph Story, appointed November 18, 1811, in the place of Judge = Cushing.=20 Smith Thompson, appointed December 9, 1823, in the place of, Judge = Livingston,=20 deceased.

Robert Trimble, appointed May 9, 1826, in the place of Judge Todd, = died in=20 1829.

John McLean, appointed March 1829, in the place of Judge Trimble, = deceased.=20

Henry Baldwin, appointed January 1830, in the place of Judge = Washington,=20 deceased.

James M. Wayne, appointed January 9, 1835, in the place of Judge = Johnson,=20 deceased.

Philip P. Barbour, appointed March 15, 1836, died February 25,1841. =

John Catron, appointed March 8, 1837, under the act of congress = providing for=20 two additional judges.

John McKinley, appointed September 25, 1837, under the last mentioned = act.=20

Peter V. Daniel, appointed March 3, 1841, in the place of Judge = Barbour,=20 deceased.

Samuel Nelson, appointed February 14, 1845, in the place of Judge = Thompson,=20 deceased.

Levi Woodbury, appointed September 20, 1845, in the recess of senate, = in the=20 place of Judge Story, deceased: his nomination confirmed January 3, = 1846.

Robert C. Grier, appointed August 4, 1846, in the place of Judge = Baldwin,=20 deceased.

Benj. Robbins Curtis, appointed 1851, in the recess of the senate, in = the=20 place of Judge Woodbury, deceased: his nomination confirmed

The present judges of the supreme court are,

Chief Justice. Roger B. Taney. Associate Justices. John McLean, James = M.=20 Wayne, John Catron, John McKinley, Peter V. Daniel, Samuel Nelson, = Robert C.=20 Grier, and B. Robbins Curtis.

3. In the several states there are also supreme courts; their powers = aud=20 jurisdiction will be found under the names of the several states.

SUR. A French word which signifies upon, on. It is very frequently = used in=20 connexion with other words as, sur rule to take deposition, sur trover = and=20 conversion, and the like.

SUR CUI ANTE DIVORTIUM. The name of a writ issued in favor of = the heir=20 of the wife, where the hushand alienated the wife's lands, during the = coverture,=20 and afterwards they were divorced and she died, to recover the lands = from the=20 alienee. Vide Cui ante divortium.

SURCHARGE, chancery practice. When a bill is filed to open an = account,=20 stated, liberty is sometimes given to the plaintiff to surcharge and = falsify=20 such account. That is, to examine not only errors of fact, but errors of = law. 2=20 Atk. 112; 11 Wheat. 237; 2 Ves. 565.

2. "These terms, `surcharge,' and `falsify,'" says Mr. Justice Story, = 1 Eq.=20 Jur. =A7525, "have a distinct sense in the vocabulary of courts of = equity, a=20 little removed from that, which they bear in the ordinary language of = common=20 life. In the language of common life, we understand `surcharge' to = import an=20 overcharge in quantity, or price, or degree, beyond what is just and = reasonable.=20 In this sense, it is nearly equivalent to `falsify;' for every item, = which is=20 not truly charged, as it should be, is false; and by establishing such=20 overcharge it is falsified. But, in the sense of courts of equity, these = words=20 are used in contradistinction to each other. A surcharge is = appropriately=20 applied to the balance of the whole account; and supposes credits to be = omitted,=20 which ought to be allowed. A falsification applies to some item in the = debets;=20 and supposes, that the item is wholly false, or in some part erroneous. = This=20 distinction is taken notice of by Lord Hardwicke; and the words used by = him are=20 so clear, that they supersede all necessity for farther commentary. = `Upon a=20 liberty to the plaintiff to surcharge, and falsify,' says he, `the onus = probandi=20 is always on the party having that liberty; for the court takes it as a = stated=20 account, and establishes it. But, if any of the parties can show an = omission,=20 for which credit ought to be, that is, a surcharge, or if anything is = inserted,=20 that is a wrong charge, he is at liberty to show it, aud that is a=20 falsification. But that must be by proof on his side. And that makes a = great=20 difference between the general cases of an open account, and were only = [leave]=20 to surcharge and falsify; for such must be made out."

SURETY, contracts. A person who binds himself for the payment = of a sum=20 of money or for the performance of something else, for another, who is = already=20 bound for the same. A surety differs from a guarantor, and the latter = cannot be=20 sued until after a suit against the principal. 10 Watts, 258.

2. The surety differs from bail in this, that the latter actually = has, or is=20 by law presumed to have, the custody of his principal, while the former = has no=20 control over him. The bail may surrender his principal in discharge of = his=20 obligation; the surety cannot be discharged by such surrender.

3. In Pennsylvania it has been decided that the creditor is bound to = sue the=20 principal when requested by the surety, and the debt is due; and that = when=20 proper notice is given by the surety that unless the principal be sued, = be will=20 consider himself discharged, he will be so considered, unless the = principal be=20 sued. 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30; S. P. in = Alabama,=20 9 Porter, R. 409. But in general a creditor may resort to the surety for = the=20 payment of his debt in the first place, without applying to the = principal. 1=20 Watts, 28O; 7 Ham. part 1, 223. Vide Bouv. Inst. Index, h. t.; = Contribution;=20 Contracts; Suretyship.

SURETY OF THE PEACE, crim. law. A security entered into = before. Some=20 competent court or officer, by a party accused, together with some other = person,=20 in the form of recognizance to the commonwealth in a certain sum of = money, with,=20 a condition that the accused shall keep the peace towards all the = citizens of=20 the commonwealth. A security for good behaviour is a similar = recognizance with a=20 condition that the accused shall be of good behaviour.

2. This security may be demanded by a court or officer having = jurisdiction=20 from all persons who threatened to kill or to, injure others, or who by = their=20 acts give reason to believe they will commit a breach of the peace. And = even=20 after an acquittal a prisoner may be required to give scourity of the = peace or=20 good behaviour, when the circumstances of the case justify a court in = believing=20 the public good requires it. 2 Yeates, R. 437 Bac. Ab. h. t.; 1 Binn. R. = 98,=20 note; Com. Dig. h. t.; Yin. Ab. h. t.; Bl. Com. B. 4, c. 18, p. 251. =

3. To obtain surety to keep the peace, the party requiring it must = swear or=20 affirm be fears a present or future danger, and not merely swear or = affirm to a=20 breach of the peace which is past; it is usual, however, to state such = injuries,=20 and when the circumstances warrant it, a threat of their repetition, as = a=20 legitimate ground for fearing future injury, which fear must always be = stated. 1=20 Chit. Pr. 677.

4. A recognizance to keep the peace is forfeited only by an actual = attack or=20 threat of bodily harm, or burning a house, and the like, but not by bare = words=20 Of h an choler. Hawk. h. 1, c. 60, s. 2. Vide Good Behaviour.

SURETYSHIP, contracts. An accessory agreement by which a = person binds=20 himself for another already bound, either in whole or in part, as for = his debt,=20 default or miscarriage.

2. The person undertaken for must be liable as well as the person = giving the=20 promise, for otherwise the promise would be a principal and not a = collateral=20 agreement, and the promissor would be liable in the first instanee; for = example,=20 a married woman would. Not be liable upon her contract, and the person = who=20 should become surety for her that she would perform it would be = responsi-ble as=20 a principal and not as a surety. Pitm. on P. & S. 13; Burge on Sur. = 6; Poth.=20 Ob. n. 306. If a Person undertakes as a surety when he knows the = obligation, of=20 the principal is void, he becomes a principal: 2 Id. Raym. 1066; 1 Burr. = 373.=20

3. As the contract of suretyship must relate to the same subject as = the=20 principal obligation, it follows that it must not be of greater extent = or more=20 onerous' either in its amount, or in the time or manner, or place of=20 performance, than such principal obligation; and if it so exceed, ii = will be=20 void, as to such excess. But the obligation of the surety may be less = onerous,=20 both in its amount, and in the time, place and manner of its = performance, that=20 of the principal debtor; it may be for a less amount, or the time may be = more=20 protracted. Burge, on Sur. 4, 5.

4. The contract of suretyship may be entered into by all persons who = are sui=20 juris, and capable of entering into other contracts. See Parties to = contracts.=20

5. It must be made upon a sufficient consideration. See = Consideration.

6. The contract of suretyship or guaranty, requires a present = agreement=20 between the contracting parties; and care must be taken to observe the=20 distinction between an actual guaranty, and an offer to guaranty at a = future=20 time; when an offer is made, it must be accepted before it becomes = binding. 1 M.=20 & S. 557; 2 Stark. 371; Cr. M. & Ros. 692.

7. Where the statute of frauds, 29 Car. II., c. 3, is in force, or = its=20 principles have been adopted, the contract of suretyship "to answer for = the=20 debt, default or miscarriage of another person," must be in writing, = &c.=20

8. The contract of suretyship is discharged and becomes extinct, 1st. = Either=20 by the terms of the contract itself. 2d. By the acts to which both the = credi-tor=20 and principal alone are parties. 3d. By the acts of the creditor and = sure-ties.=20 4th. By fraud. 5th. By operation of law.

9. - =A71. When by his contract the surety limits the period of time = for which=20 he is willing to be responsible, it is clear he cannot be beld liable = for a=20 longer period; as when he engages that an officer who is elected = annually shall=20 faithfully perform his duty during his continuance in office; his = obligation=20 does not extend for the performance of his duty by the same officer who = may be=20 elected for a second year. Burge on Sur. 63, 113; 1 McCord, 41; 2 Campb. = 39; 3=20 Ad. & Ell. N. S. 276; 2 Saund. 411 a; 6 East, 512; 2 M. & S. = 370; New R.=20 (5 B. & P.) 180; 2 M. & S. 363; 9 Moore, 102.

10. - =A72. The contract of suretyship becomes extinct or discharged = by the=20 acts of the principal and of the creditor without any act of the surety. = This=20 may be done, 1. By payment, by the principal. 2. By release of the = principal. 3.=20 By tender made by principal to the creditor. 4. By compromise. 5. By = accord and=20 satisfaction. 6. By novation. 7. By delegation. 8. By set-off. 9. By = alteration=20 of the contract.

11. - 1. When the principal makes payment, the sureties are = immediately dis-=20 charged, because the obligation no longer exists. But as payment is the = act of=20 two parties, the party tendering the debt and the party receiving it, = the money=20 or thing due must be accepted. 7 Pick 88; 4 Pick. 83; 8 Pick. 122. See = Payment.=20

12. - 2. As the release of the principal discharges the obligation, = the=20 surety is also discharged by it.

13. - 3. A lawful tender made by the principal or his authorized = agent, to=20 the creditor or his authorized agent, will discharge the surety. See. 2 = Blackf.=20 87; 1 Rawle, 408; 2 Fairf. 475; 13 Pet. 136.

14. - 4. When the creditor and principal make a compromise by which = the=20 principal is discharged, the surety is also discharged. 11 Ves. 420; 3 = Bro. C.=20 C. 1; Addis. on Contr. 443.

15. - 5. Accord and satisfaction between the principal and the = creditor will=20 discharge the surety, as by that the whole obligation becomes extinct. = See=20 Accord and satisfaction.

16. - 6. It is evident that a simple novation, or the making a new = contract=20 and annulling the old, must, by the destruction of the obligation, = discharge the=20 surety.

17. - 7. An absolute delegation, where the principal procures another = person=20 to assume the payment upon condition that he shall be discharged, will = have the=20 effect to discharge the surety. See Delegation.

18. - 8. When the principal has a just set-off to the whole claim of = the=20 creditor, the surety is discharged.

19. - 9. If the principal and creditor change the nature of the = contract, so=20 that it is no longer the same, the surety will be discharged; and even = extending=20 the time of payment, without the consent of the surety, when the = agreement to=20 give time is founded upon a valuable consideration, is such an = alteration of the=20 contract as discharges the surety. See Giving Time.

20. - =A73. The contract is discharged by the acts of the creditor = and surety,=20 1. By payment made by the surety. 2. By release of the surety by the = creditor.=20 3. By compromise between them. 4. By accord and satisfaction. 5. By set = off.=20

21. - =A74. Fraud by the creditor in relation to the obligation of = the surety,=20 or by the debtor with the knowledge or assent of the creditor, will = discharge=20 the liability of the surety. 3 B. & C. 605; S. C. 6 Dowl. & Ry. = 505; 6=20 Bing. N. C. 142.

22. - =A75. The contract of suretyship is discharged by operation of = law, 1. By=20 confusion. - 2. prescription, or the act of limitations. 3. By = bankruptcy.

23. - 1. The contract of suretyship is discharged by confusion or = merger of=20 rights; as, where the obligee marries the obligor. Burge on Sur. 256; 2 = Ves. p.=20 264; 1 Salk. 306; Cro. Car. 551.

24. - 2. The act of limitations or prescription is a perfect bar to a = recovery against a surety, after a sufficient lapse of time, when the = creditor=20 was sui juris and of a capacity to sue.

25. - 3. The discharge of the surety under the bankrupt laws, will = put an end=20 to his liability, unless otherwise provided for in the law.

26. The surety has the right to pay and discharge the obligation the = moment=20 the principal is in default, and have immediate recourse to his = principal. He=20 need not wait for the commencement of an action, or the issue of legal = process,=20 but he cannot accelerate the liability of the principal, and if he pays = money=20 voluntarily before the time of payment arrives, he will have no cause of = action=20 until such time, or if he pays after the principal obligation has been=20 discharged, when he was under no obligation to pay, he has no ground of = action,.=20

27. Co-sureties are in general bound in solido to pay the debt, when = the=20 principal fails, and if one be compelled to pay the whole, he may demand = contribution from the rest, and recover from them their several = proportions of=20 their common liability in an action for money paid by him to their use. = 6 Ves.=20 807; 12 M. & W. 421 8 M. & W. 589; 4 Scott, N. S. 429. See, = generally,=20 15 East, R. 617; Yelv. 47 n.; 20 Vin. Ab. 101; 1 Supp. to Ves. jr. 220, = 498, 9;=20 Ayliffe's Pand. 559; Poth. Obl. part 2, c. 6; 1 Bell's Com. 350, 5th = ed.;=20 Git-ing time; Principal; Surety.

SURGERY, med. jur. That part of the healing art which relates = to=20 external diseases; their treatment; and, specially, to the manual = operations=20 adopted for their cure.

2. Every lawyer should have some acquaintance with surgery; his = knowledge on=20 this subject will be found useful in cases of homicide and wounds.

SURNAME. A name which is added to the christian name, and = which, in=20 modern times, have become family names.

2. They are called surnames, because originally they were written = over the=20 name in judicial writings and contracts. They were and are still used = for the=20 purpose of distinguishing persons of the same name. They were taken from = something attached to the persons assuming them, as John Carpenter, = Joseph=20 Black, Samuel Little, &c. See Name.

SURPLUS. That which is left from a fund which has been = appropriated=20 for a particular purpose; the remainder of a thing; the overplus the = residue.=20 (q. v.) See 18 Ves. 466.

2. The following is an example of a surplus; if a thing be put in = pledge as a=20 security to pay one hundred dollars, and it be afterwards sold for one = hundred=20 and fifty dollars, the fifty dollars will be the surplus. Wolff, Inst. = =A7697. See=20 Overplus; Residue.

SURPLUSAGE, pleading. A superfluous and useless statement of = matter=20 wholly foreign and impertinent to the cause.

2. In general surplusagium non nocet, according to the maxim utile = per=20 inutile non vitiatur; therefore if a man in his declaration, plea, = &c., make=20 mention of a thing which need, not be stated, but the matter set forth = is=20 grammatically right, and perfectly sensible, no advantage can be taken = on=20 demurrer. Com. Dig. Pleader, C 28, E 2; 1 Salk. 325; 4 East, 400; Gilb. = C. P.=20 131; Bac. Ab. Pleas, 1, 4; Co. Litt. 303, b; 2 Saund. 306, n. 14; 5 East = 444; 1=20 Chit. Pl. 282; Lawes on Pl. 63; 7 John. 462; 3 Day, 472; 2 Mass. R. 283; = 13=20 John. 80.

3. When, by an unnecessary allegation the plaintiff shows he has no = cause of=20 action, the defendant may demur. Com. Dig. Pleader, c. 29; Bac. Ab. = Pleas, 1, 4;=20 see 2 East, 451; 4 East, 400; Dougl. 667; 2 Bl. Rep. 842; 3 Cranch, 193; = 2 Dall.=20 300; 1 Wash. R. 257.

4. When the surplusage is not grammatically set right, or it is=20 unintelligible and, no sense at all can be given it, or it be = contradictory or=20 repugnant to what is before alleged, the adversary may take advantage of = it on=20 special demurrer. Gilb. C. P. 132; Lewes on Pl. 64.

5. When a party alleges a material matter with an unnecessary detail = of=20 circumstances, and the essential and non-essential parts of a statement = are, in=20 their nature, so connected as to be incapable of separation, the = opposite party=20 may include under his traverse the whole matter alleged. And as it is an = established rule that the evidence must correspond with the allegations, = it=20 follows that the party who has thus pleaded such unnecessarly matter = will be=20 required to prove it, and thus he is required to sustain an increased = burden of=20 proof, and incurs greater danger of failure at the trial. For example, = if in=20 justifying the taking of cattle damage feasant, in which case it is = sufficient=20 to allege that they were doing damage to his freehold, he should state a = seisin=20 in fee, which is traversed, be must prove a seisin in fee. Dyer, 365; 2 = Saund.=20 206, a, note 22 Steph. on Pl. 261, 262; 1 Smith's Lead. Cas. 328, note; = 1=20 Greenl. Ev. =A751 1 Chit. Pl. 524, 525; U. S. Dig. Pleading, VII. c. =

SURPLUSAGE, accounts. A greater dishursement than the charges = of the=20 accountant amount to.

SURPRISE. This term is frequently used in courts of equity and = by=20 writers on equity jurisprudence. It signifies the act by which a party = who is=20 entering into a contract is taken unawares, by which sudden confusion or = perplexity is created, which renders it proper that a court of equity = should=20 relieve the party so surprised. 2 Bro. Ch. R. 150; 1 Story, Eq. Jur. = =A7120, note.=20 Mr. Jeremy, Eq. Jur. 366, seems to think that the word surprise is a = technical=20 expression, and nearly synonymous. with fraud. Page 383, note. It is = sometimes,=20 used in this sense when it is deemed presumptive of, or approaching to = fraud. 1=20 Fonbl. Eq. 123 3 Chan. Cas. 56, 74, 103, 114. Vide 6 Ves. R. 327, 338; 2 = Bro.=20 Ch. R. 826; 16 Ves. R. 81, 86, 87; 1 Cox, R. 340; 2 Harr. Dig. 92.

2. In practice, by surprise is understood that situation in which a = party is=20 placed, without any default of his own, which will be, injurious to his=20 interest. 8 N. AS. 407. The courts always do everything in their power = to=20 relieve a party from the effects of a surprise, when he has been = diligent in=20 endeavouring to avoid it. 1 Clarke's R. 162; 3 Bouv. Inst. n. 3285.

SURREBUTTER, pleading. The plaintiff's answer to the = defendant's=20 rebutter is governed by the same rules as the replication. (q. v.) Vide = 6 Com.=20 Dig. 185; 7 Com. Dig. 389

SUBREJOINDER, pleading. The plaintiff's answer to the = defendant's=20 rejoinder. It is governed in every respect by the same rules as the = replication.=20 (q. v.) Steph. Pl. 77; Arch., Civ. Pl. 284; 7 Com. Dig. 389.

SURRENDER, estates, conveyancing. A yielding up of an estate = for life=20 or years to him who has an immediate estate in reversion or remainder, = by which=20 the lesser estate is merged in the greater by mutual agreement, Co. = Litt. 337,=20 b.

2. A surrender is of a nature directly opposite to a release; for, as = the=20 latter operates by the greater estate descending upon the less, the = former is=20 the falling of a less estate into a greater, by deed. A surrender = immediately=20 divests the estate of the surrenderer, aud vests it in the surrenderee, = even=20 without the assent (q. v.) of the latter. Touchs. 300, 301.

3. The technical and proper words of this conveyance are, surrender = and yield=20 up; but any form of words; by which the intention. of the parties is=20 sufficiently manifested, will operate as a surrender, Perk. =A7607; 1 = Term Rep.=20 441; Com. Dig. Surrender, A.

4. The surrender may be express or implied. The latter is when an = estate,=20 incompatible with the existing estate, is accepted or the lessee takes a = new=20 lease of the same lands. 16 Johns. Rep. 28; 2 Wils. 26; 1 Barn. & A. = 50; 2=20 Barn. & A. 119; 5 Taunt. 518, and see 6 East, R. 86; 9 Barn. & = Cr. 288 7=20 Watts, R. 128. Vide, generally, Cruise, Dig. tit. 32, c. 7; Com. Dig. h. = t.;=20 Vin. Ab. h. t.; 4 Kent, Com. 102; Nels. Ab. h. t.; Rolle's Ab. h. t. 11 = East, R.=20 317, n.

5. The deed or instrument by which a surrender is made, is also = called a=20 surrender. For the law of presumption of surrenders, see Math. on Pres. = ch. 13,=20 p. 236; Addis. on Contr. 658-661.

SURRENDER OF CRIMINALS. The act by which the public = authorities=20 deliver a person accused of a crime, and who is found in their, = jurisdiction, to=20 the authorities within whose jurisdiction it is alleged the crime has = been=20 committed. Vide Extradition; Fugitives from justice.

SURRENDEREE. One to whom a surrender has been made.

SURRENDEROR. One who makes a surren der; as when the tenant gives up = the=20 estate and cancels his lease before the expiration of the term; one who = yields=20 up a freehold estate for the purpose of conveying it.

SURREPTITIOUS. That which is done in a fraudulent stealthy = manner.=20

SURROGATE. In some of the states, as in New Jersey, this is the name = of an=20 officer who has jurisdiction in granting letters testamentary and = letters of=20 administration.

2. In some states, as in Pennsylvania, this officer is called = register of=20 wills and for granting letters, of administration in others, as in=20 Massachusetts, he is called judge of probates.

SURVEY, The act by which the quantity of a piece of land is=20 ascertained; the paper containing a statement of the courses, distances, = and=20 quantity of land, is also called a survey.

2. A survey made by authority of law and duly returned into the land = office,=20 is a matter of record, and of equal dignity with the patent. 3 Marsh. = 226; 2 J.=20 J. Marsh, 160. See 3 Greenleaf, 126; 5 Greenleaf, 24; 14 Mass. 149 1 = Harr. &=20 John. 20 1 1 Overt. 199; 1 Dev. & Bat. 76.

3. By survey is also understood an examination; as, a survey has been = made of=20 your house, and now the insurance company will insure it.

SURVIVOR. The longest liver of two or more persons.

2. In crises of partnership, the surviving partner is entitled to = have all=20 the effects of the partnership, and, is bound to pay all the debts owing = by the=20 firm. Gow on Partn. 157; Watson on Partn. 364. He is, however, bound to = account=20 for the surplus to the representatives of his deceased partners, = agreeably to=20 their respective rights.

3. A surviving trustee is generally vested with all the powers of all = the=20 trustees, and the surviving administrator is authorized to act for the = estate as=20 if he had been sole administrator. As to the presumption of = survivorship, when=20 two or more persons have perished by the same event, see Civ. Code of = Lo. art.=20 930 to 933 and vide Death; Cro. Eliz. 503; 1 Bl. Rep. 610 2 Phill. Rep. = 261; S.=20 C. 1 Eccles. Reports, 250; Fearne on Rem. iv.; Poth. on Obli. by Evans, = vol. 2,=20 p. 346; 8 Ves. 10; 14 Ves. 578 17 Ves. 482; 6 Taunt. 213; Cowp. 257; 5 = Ves. 485.=20 Vide, generally, 2 Fonbl. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 = Com. Dig.=20 475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, 2 Suppl. to Ves. jun. = 47, 296,=20 340, 391,477; 1 Fodere, Med. Leg. =A7424-483.

4. The right of survivorship among joint-tenants has been abolished, = except=20 as to estates beld in trust, in Pennsylvania, New York, Kentucky, = Virginia,=20 Indiana, Missouri, Tennessee, Alabama, Georgia, North and South = Carolina. Vide=20 Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's = Dig. 102=20 see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. = & R.=20 413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint-tenancy;=20 Joint-tenants; Partnership.

SUS' PER COLL', EngI. law. In the English practice, a calendar = is made=20 out of attainted criminals, and the judge signs the calendar with their = separate=20 judgments in the margin. In the case of a capital felony. it is written = opposite=20 the prisoner's name, "let him be hanged by the neck," which, when the=20 proceedings were in Latin, was, "suspendatur per collum," or, in the = abbreviated=20 form, "sus' per coll'." 4 Bl. Comm. 403.

SUSPENDER, Scotch law. He in whose favor a suspension is made. =

2. In general a suspender is required to give caution to pay the debt = in the=20 event it shall be found due. Where the suspender cannot, from his low or = sus-pected circumstances, procure unquestionable security, the lords = admit=20 jura-tory caution; but the reasons of suspension are in that case, to be = considered with particular accuracy at passing the bill. Act. S. 8 Nov. = 1682;=20 Ersk. Prin. L. Scot. 4, 3, 6.

SUSPENSE. When a rent, profit a prendre, and the like, are, in = consequence of the unity of possession of the rent, &c., of the land = out of=20 which they issue, not in esse for a time, they are said to be in = suspense, tunc=20 dormiunt, but they may be revived or awakened. Co, Litt. 313 a.

SUSPENSION. A temporary stop of a right, of a law, and the = like.

2. In times of war the habeas corpus act maybe suspended by lawful=20 authority.

3. There may be a suspension of an officer's duties or powers, when = he is=20 charged with crimes. Wood's Inst. 510.

4. Suspension of a right in an estate is a partial extinguishment, or = an=20 extinguishment for a time. It differs from an extinguishment in this. A=20 suspended right may be revived; one extinguished is absolutely dead. = Bac. Ab.=20 Extinguishment, A.

5. The suspension of a statute for a limited time operates so as to = prevent=20 its operation for the time, but it hits not the effect of a repeal. 3 = Dall.=20 365.

SUSPENSION, Scotch law. That form of law by which the effect = of a=20 sentence-condemnatory, that has not yet received execution, is stayed or = postponed, till the cause be again considered. Ersk. Prin. L. Scotl. 4, = 3, 5.=20 Suspension is competent also, even where there is no decree, for putting = a stop=20 to any illegal act whatsoever. Id. 4, 3, 7.

2. Letters of suspension bear the form of a summons, which contains a = warrant=20 to cite the charger, Ib.

SUSPENSION, eccl. law. An ecclesiastical censure, by which a = spiritual=20 person is either interdicted tho exercise of his ecclesiastical = function, or=20 hin-dered from receiving the profits of his benefice. It may be partial = or=20 total; for a limited time, or forever, when it is called deprivation or = amotion.=20 Ayl. Parerg. 501.

SUSPENSION OF ARMS. An agreement between belligerents, made = for a=20 short time or for a particular place, to cease hostilities between them. = See=20 Armistice. Truce.

SUSPENSION OF A RIGHT. The act by which a party is deprived of = the=20 exercise of his right, for a time.

2. When a right is suspended by operation of law, the right is = revived the=20 moment the bar is removed; but when the right is suspended by the act of = the=20 party, it is gone forever. See 1 Roll. Ab. tit. Extinguishment, L, = M.

SUBPENSIVE CONDITION. One which prevents a contract from going = into=20 operation until it has been fulfilled; as if I promise to pay you one = thousand=20 dollars on condition that the ship Thomas Jefferson shall arrive from = Havre, the=20 contract is suspended until the arrival of the ship. 1 Bouv. Inst. n. = 731.

SUSPICION. A belief to the disadvantage of another, = accompanied by a=20 doubt.

2. Without proof, suspicion, of itself, is evidence of nothing. When = a crime=20 has been committed, an arrest may be made when, 1st. There are such=20 circumstances as induce a strong presumption of guilt; as being found in = possession of goods recently stolen, without giving a probable account = of having=20 obtained the possession honestly. 2d. The absconding of the party = accused. 3d.=20 Being found in company of known offenders. 4th. Living an idle = disorderly life,=20 without any apparent means of support. In such cases the arrest must be = made as=20 in other cases. Vide 20 Vin. Ab. 150; 4 Bl. Com. 290.

SUTLER. A man whose employment is to sell provisions aud = liquor to a=20 camp.

2. By the articles of war, art. 29, no sutler is permitted to sell = any kind=20 of liquor or victuals, or to keep his house or shop open for the = entertainment=20 of soldiers, after nine at night, or before the beating of the = reveillee, or=20 upon Sundays during divine service or sermon, on penalty of being = dismissed all=20 future sutling. And by art. 60, all sutlers are to be subject to orders=20 according to the rules and discipline of war.

SWAINMOTE COURT, Engl. law. The court within the forest to = which all=20 the freeholders owe suit and service. Bac. Ab. Courts of the Forest, = 2.

TO SWEAR. To take an oath, judicially administered. Vide = Affirmation;=20 Oath.

2. To swear also signifies to use such profane language as is = forbidden by=20 law. This is generally punished by statutory provisions in the several=20 states.

SWINDLER, criminal law. A cheat; one guilty of defrauding = divers=20 persons. 1 Term Rep. 748; 2 H. Blackst. 531; Stark. on Sland. 135.

2. Swindling is usually applied to a transaction, where the guilty = party=20 procures the delivery to him, under a pretended contract, of the = personal=20 property of another, with the felonious design of appropriating it to = his own=20 use. 2 Russel on Crimes, 130; Alison, Prine. Cr. Law of Scotland, 250; = Mass.=20 406.

SYMBOL. A sign; a token; a representation of one thing by = another.=20

2. A symbolical delivery is equivalent, in many cases, in its legal = effects,=20 to actual delivery; as, for example, the delivery of the keys of a = warehouse in=20 which goods are deposited, is a delivery sufficient to transfer the = property. 1=20 Atk. 171; 5 John. 335; 2 T. R. 462; 7 T. R. 71; 2 Campb. 243; 1 East, R. = 194; 3=20 Caines, 182; 1 Esp. 598; 3 B. & C. 423.

SYNALLAGMATIC CONTRACT, civil law. A synallagmatic or = bilateral=20 contract is one by which each of the contracting parties binds himself = to the=20 other; such are the contracts of sale, hiring, &c. Poth. Ob. n. 9. = Vide=20 Contract.

SYNDIC. A term used in the French law, which answers in one = sense to=20 our word assignee, when applied to the management of bankrupts' estates; = it has=20 also a more extensive meaning; in companies and communities, syndics are = they=20 who are chosen to conduct the affairs and attend to the concerns of the = body=20 corporate or community; and in that sense the word corresponds to = director or=20 manager. Rodman's Notes to Code. de Com. p. 351; Civ. Code of Louis. = art. 429;=20 Dict. de Jurisp. art. Syndic.

SYNGRAPH. A deed, bond, or other instrument of writing, under = the band=20 and seal of all the parties. It was so called because the parties wrote=20 together.

2. Formerly such writings were attested by the subscription and = crosses of=20 the witnesses; afterwards, to prevent frauds and concealmenta, they made = deeds=20 of mutual covenant in a script and rescript, or in a part and = counterpart, and=20 in the middle between the two copies they wrote the word syngraphus in = large=20 letters, which being cut through the parchment, and one being delivered = to each=20 party, on being afterwards put together, proved their authenticity.

3. Deeds thus made were denominates syngraphs by the canonists, and = by the=20 common lawyers chirographs. (q. v.) 2 Blackstone's Commentaries, = 296.

SYNOD. An ecclesiastical assembly.

Index

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